LaCotts v. Quertermous
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. BlUott, Chancellor; 1. There is no estoppel as against an infant, and neither a married woman nor an infant is estopped by mere silence. 61 Ark. 61; 62 Ark. 319; 30 Ark. 385; 40 Ark. 26. But the plaintiff, appellee here, is estopped by reason of her failure to take steps to protect her rights as widow for ten years. 2. Appellee is further estopped, and will be held to have waived her dower rights in the Wolfe Point land, by…
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Appeal from Arkansas Chancery Court; John M. BlUott, Chancellor; 1. There is no estoppel as against an infant, and neither a married woman nor an infant is estopped by mere silence. 61 Ark. 61; 62 Ark. 319; 30 Ark. 385; 40 Ark. 26. But the plaintiff, appellee here, is estopped by reason of her failure to take steps to protect her rights as widow for ten years. 2. Appellee is further estopped, and will be held to have waived her dower rights in the Wolfe Point land, by executing a deed conveying the fee therein, without reserving her dower. 31 Ark. no; 51 Ark. 419; 53 Ark. 107. 3. One can not…
1Opinion of the CourtBattke, J.
Willie I. Quertermous, insisting that the defendant, Ethel LaCotts, through whom her co-defendant and child, Ethelbert LaCotts, claims, was estopped from claiming any interest in the land in controversy, asked the court to declare the interest of the parties named in the land, and, in the event it found that the defendants had any interest, to partition it (land) between them according to their respective interests. The facts in the case are substantially as follows:
W. S. Quertermous died intestate in 1887, leaving Willie I. Quertermous, his widow, and Elizabeth Quertermous, Ethel LaCotts,…
2Cases cited5 opinions
- Deford v. MercerSupreme Court of Iowa · 1867
- Handy v. NoonanMississippi Supreme Court · 1875
- Bull v. SevierCourt of Appeals of Kentucky · 1889
- Mack v. JohnsonSupreme Court of Arkansas · 1894
- Nanny v. AllenTexas Supreme Court · 1890
3Cited by9 opinions
- Martin v. MartinSupreme Court of Arkansas · 1911
- Pfaff, Administratrix v. ClementsSupreme Court of Arkansas · 1948
- Jones v. BalentineCourt of Appeals of Arkansas · 1993
- Barnett v. BarnettSupreme Court of Arkansas · 1940
- Graves v. CarlinSupreme Court of Arkansas · 1937
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