Lester v. Kirtley
Supreme Court of Arkansas
Appeal from Lafayette Chancery Court; Bmon O. Mahoney, Chancellor; STATEMENT BY THE COURT. Appellees filed in the circuit court of Lafayette County a petition for partition of certain lands, making appellants parties defendant, and setting up that appellees and appellants owned the lands sought to be partitioned as tenants in common, they being the children and heirs of James T. Lester, deceased.
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Appeal from Lafayette Chancery Court; Bmon O. Mahoney, Chancellor; STATEMENT BY THE COURT. Appellees filed in the circuit court of Lafayette County a petition for partition of certain lands, making appellants parties defendant, and setting up that appellees and appellants owned the lands sought to be partitioned as tenants in common, they being the children and heirs of James T. Lester, deceased. Appellants answered, setting up that James T. Lester disposed of all his property by will, which they as the executors had filed with the probate court of Lafayette County for probate; that acting…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. The chancery court had jurisdiction. Appellants and appellees were tenants in common (section 739, Kirby’s Digest), and as such could go into chancery for partition. See section 5770, Kirby’s Digest; Patton v. Wagner, 19 Ark. 233. The allegations made in appellee’s petition and in the reply to the answer of appellants were sufficient, if true, to give the chancery court jurisdiction. The appellant, J. T. Lester, who had possession of the land, did not claim tO' have title in same or to be holding same adversely to any title or interest of the appellees…
2Cases cited4 opinions
- Giles v. LittleSupreme Court of the United States · 1881
- Frank v. UnzCourt of Appeals of Kentucky · 1891
- Patton v. WagnerSupreme Court of Arkansas · 1857
- O'Connor v. RowlandSupreme Court of Arkansas · 1904
3Cited by6 opinions
- Dunbar v. BourlandSupreme Court of Arkansas · 1908
- Overton v. PorterfieldSupreme Court of Arkansas · 1944
- Gibson v. GibsonSupreme Court of Arkansas · 1978
- Brewer v. WilsonSupreme Court of Arkansas · 1932
- Morgan v. GreenSupreme Court of Arkansas · 1978
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