Shepherd v. Jernigan
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court, Western District. J. M. Pittman, Judge. 1. The case of Beard v. Dansby, 48 Ark., 183, settles the law in favor of the appellant on the question of betterments. 2. The conveyance by metes and bounds'of a portion of a common estate by one tenant in common, is void and not merely voidable, at the election of the co-tenant. 9 Vt., 138; 9 Mass., 34; 4 Conn., 495 ; ilb.,363; 2lb.,243; 5 lb., 363; 12 Mass., 348; 19 Mich., 127; 3 Yerger, 492. 1. By…
Read the full summary
APPEAL from Carroll Circuit Court, Western District. J. M. Pittman, Judge. 1. The case of Beard v. Dansby, 48 Ark., 183, settles the law in favor of the appellant on the question of betterments. 2. The conveyance by metes and bounds'of a portion of a common estate by one tenant in common, is void and not merely voidable, at the election of the co-tenant. 9 Vt., 138; 9 Mass., 34; 4 Conn., 495 ; ilb.,363; 2lb.,243; 5 lb., 363; 12 Mass., 348; 19 Mich., 127; 3 Yerger, 492. 1. By common consent the land had been laid off into town lots, and the conveyance by one tenant in common, carried his…
1Opinion of the CourtCocicrill, C. J.
This is an action.of ejectment. The plaintiff and defendant were each the grantee of different tenants in common of the town lot in controversy, though the title deed of each purported to convey the entire estate. The lot was a part of an eighty acre tract which had been patented to one Evans, who sold an undivided interest in it to D. B. jerni-gan. It was then laid off into town lots by Evans and D. B. Jernigan, when the latter conveyed his interest in the lot in suit by deed as mentioned above to the plaintiff, J. M. Jernigan, who is the appellee here. The Eureka Improvement Company…
2Cases cited2 opinions
- Stark v. BarrettCalifornia Supreme Court · 1860
- Primm v. WalkerSupreme Court of Missouri · 1866
3Cited by8 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- McDonald v. RankinSupreme Court of Arkansas · 1909
- Green v. MaddoxSupreme Court of Arkansas · 1911
- Greer v. VaughanSupreme Court of Arkansas · 1910
- Weatherly v. PurcellSupreme Court of Arkansas · 1950
3 more not listed; retrieve them via the Exa API.