McCracken v. Sisk
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Western District; Eugene Schoonover, Special Chancellor; 1. Kirby’s Digest, § 4832, did not intend to, nor does it, change the law of inheritance. On the death of McCracken, his rights vested in his heirs. The widow had a homestead right, but held the fee as trustee for the heirs.
Read the full summary
Appeal from Clay Chancery Court, Western District; Eugene Schoonover, Special Chancellor; 1. Kirby’s Digest, § 4832, did not intend to, nor does it, change the law of inheritance. On the death of McCracken, his rights vested in his heirs. The widow had a homestead right, but held the fee as trustee for the heirs. Thompson on Homestead and Ex. §§ 170-1. 2. The widow cannot acquire title adverse to the heirs. 44 Ark. 504; 35 Id. 84; 47 Id. 287. 1. The donation of lands is a matter of grace, and the donee cannot complain of the terms. 40 Ark. 246; 37 Id. 132; 31 Id. 528. 2. Kirby’s Dig., § 4832,…
1Opinion of the CourtFrauenthar, J.
The appellants, who were the plaintiffs below, instituted an ejectment suit against the defendant, A. P. Sisk, which was subsequently transferred without objection to the chancery court. The plaintiffs claim title to the land as collateral heirs of one George McCracken, deceased; and the defendant claimed title thereto under a deed executed by the State Eand Commissioner to Celia Sisk, who was the widow of said George McCracken, and a conveyance by Celia Sisk to defendant. On February 24, 1888, an application was made to the Commissioner of State Rands for the donation of the land by George…
2Cases cited9 opinions
- Bernier v. BernierSupreme Court of the United States · 1893
- McCune v. EssigSupreme Court of the United States · 1905
- Hall v. RussellSupreme Court of the United States · 1880
- Bernier v. BernierMichigan Supreme Court · 1888
- Chapman v. PriceSupreme Court of Kansas · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Permian Oil Co. v. SmithTexas Supreme Court · 1937
- International & G. N. Ry. Co. v. Concrete Inv. Co.Court of Appeals of Texas · 1917
- Word v. ColleyCourt of Appeals of Texas · 1914
- Crouch v. CrouchSupreme Court of Arkansas · 1966
- Rios v. DavisCourt of Appeals of Texas · 1963
3 more not listed; retrieve them via the Exa API.