Kirksey v. Cole
Supreme Court of Arkansas
APPEAL from Craighead Circuit Court. Hon. M. T. Sanders, Judge, on exchange. 1. The claim and possession by appellee under color of title, do not constitute such an adverse holding as to enable him to recover in this suit under the plea of seven-years statute ■of limtations. 20 Ark., 516; Angel on Limitations, pp. pgo-gig2 and ¿f.og-10. And hence the court erred in refusing to give the jury the second instruction asked by appellants. 2. The right to the possession of the…
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APPEAL from Craighead Circuit Court. Hon. M. T. Sanders, Judge, on exchange. 1. The claim and possession by appellee under color of title, do not constitute such an adverse holding as to enable him to recover in this suit under the plea of seven-years statute ■of limtations. 20 Ark., 516; Angel on Limitations, pp. pgo-gig2 and ¿f.og-10. And hence the court erred in refusing to give the jury the second instruction asked by appellants. 2. The right to the possession of the homestead of the .ancestor in this case vested upon his death in his five minor •children during their minority, and the…
1Opinion of the Court
Battle J.
Augustus Howell died on or about the first day of April, 1859, seized in fee and possessed of certain lands in Craighead county, which lie in a body and contain 160 acres. ' At the time of his death he resided upon and occupied these lands as his homestead. He was a married man and the head of a family, and left him surviving five children, George, Sallie, Caroline, Gaines and Lewis Howell. The youngest, Lewis, was about four weeks old when his father died. George and Sallie, on coming of age, conveyed their interest in these-lands to John Simmons, and he conveyed to appellant, W. D.…
2Cases cited2 opinions
- Keyes v. HillSupreme Court of Vermont · 1858
- Hoffman v. NeuhausTexas Supreme Court · 1868
3Cited by6 opinions
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
- Wright v. Midland Valley RailroadSupreme Court of Arkansas · 1914
- Henderson v. HendersonSupreme Court of Arkansas · 1947
- Berger v. HoughtonSupreme Court of Arkansas · 1907
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