Sanders v. Sanders
Supreme Court of Arkansas
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT OE EAOTS. Appellants brought this suit.in equity against appellees to have appellees declared as trustees, of both appellants and appellees to a certain tract of land and for partition of the same. The facts are as follows: ~W. B. Sanders originally owned 120 acres of land in Miller County, Arkansas. He exchanged 80 acres for the 120 acres of land in controversy.
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Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT OE EAOTS. Appellants brought this suit.in equity against appellees to have appellees declared as trustees, of both appellants and appellees to a certain tract of land and for partition of the same. The facts are as follows: ~W. B. Sanders originally owned 120 acres of land in Miller County, Arkansas. He exchanged 80 acres for the 120 acres of land in controversy. He died intestate in 1903, owning and in possession of the 120 acres of land involved in this suit. He left surviving him seven children and his widow. By…
1Opinion of the CourtHart, J.
(after stating the facts). The decision of the chancellor was wrong. Appellants and appellees were the children and sole heirs at law of W. B. Sanders, who owned the land in controversy at his death in 1903. The children 'agreed that his widow should have the land during her lifetime. Appellants and appellees were tenants in common of the land.
In Cocks v. Simmons, 55 Ark. 104, it was held that a tenant in common of land can acquire no title to the interest of his cotenants by purchase at a tax sale of the whole for delinquent taxes, and that his purchase amounts to no more than the payment of…
2Cases cited2 opinions
- Inman v. QuireySupreme Court of Arkansas · 1917
- Cocks v. SimmonsSupreme Court of Arkansas · 1891
3Cited by9 opinions
- Spikes v. BeloateSupreme Court of Arkansas · 1943
- Vesper v. WoolseySupreme Court of Arkansas · 1960
- Hollaway v. BerenzenSupreme Court of Arkansas · 1945
- Bush v. BushCourt of Appeals of Texas · 1925
- Griffin v. SolomonSupreme Court of Arkansas · 1962
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