Legal Opinion

Field v. Morris

Supreme Court of Arkansas

Decided November 9, 1908PublishedCited by 13 opinions

Appeal from Lawrence Circuit Court, W. B. Beloate, Special Judge; There is here only a reservation of the use of the land, containing no’ words of inheritance. The reservation terminated upon the death of John Darter. Where a conveyance is made in fee, a reservation of the use of the land also in fee would be void. 1 Johns.

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Appeal from Lawrence Circuit Court, W. B. Beloate, Special Judge; There is here only a reservation of the use of the land, containing no’ words of inheritance. The reservation terminated upon the death of John Darter. Where a conveyance is made in fee, a reservation of the use of the land also in fee would be void. 1 Johns. Ch. 338; Id. 362; 82 Ark. 209; 26 Ark. 131. The reservation in this case is in gross, and such a right is-personal merely, not assignable nor inheritable. Washburn on Easements, 4th Ed. pp. 11 and 12, § § 8 and 9; Id. 13 § 10; Id. 45 § 29; Id. 17 §1; Id. 257 § § 161-162;…

1Opinion of the CourtBattle, J.

On the 2d day of February, 1892, John Darter and Mattie A. Darter, his wife, in consideration of $500 conveyed a certain tract of land to W.- A. Townsend. They reserved the use of one and a half acres, using the following words, “reserving to ourselves the use of one and one-half acres free of rent, where the mill and gin stands in southwest corner of said tract, with the privilege of removing buildings and machinery therefrom, . . . and we are to have the use of one and one-half acres free of rent as long as we or others holding under us may want to use same for running machinery at said…

2Cases cited3 opinions

  1. Pierce v. . KeatorNew York Court of Appeals · 1877
  2. Wagner v. HannaCalifornia Supreme Court · 1869
  3. Bates v. DuncanSupreme Court of Arkansas · 1897

3Cited by13 opinions

  1. Grant v. HaymesSupreme Court of Georgia · 1927
  2. Wilson v. BrownSupreme Court of Arkansas · 1995
  3. Leidig v. HoopesSupreme Court of Oklahoma · 1955
  4. Winningham v. HarrisCourt of Appeals of Arkansas · 1998
  5. Fort Smith Gas Co. v. GeanSupreme Court of Arkansas · 1932

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