Westmoreland v. Plant
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Bugene Bank ford, Judge; x. All the heirs should have been made parties. Kirby’s Digest, § 6011; 41 Ark. 88; 49 Id. 100. 2. It was error to admit the testimony of C. F. Plant, and the error was not cured by the ruling of the court. 8 Ark. 204; 13 Id. 496; lb. 125; 45 Id. 81; 57 Id. 81; 82 Id. 553. 3. The deed from W. J. Westmoreland was a gift, and defendant was under no obligation to speak, for she was not parting with anything of value,…
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Appeal from Jackson Circuit Court; Bugene Bank ford, Judge; x. All the heirs should have been made parties. Kirby’s Digest, § 6011; 41 Ark. 88; 49 Id. 100. 2. It was error to admit the testimony of C. F. Plant, and the error was not cured by the ruling of the court. 8 Ark. 204; 13 Id. 496; lb. 125; 45 Id. 81; 57 Id. 81; 82 Id. 553. 3. The deed from W. J. Westmoreland was a gift, and defendant was under no obligation to speak, for she was not parting with anything of value, or surrendering any rights, nor was she misled to her prejudice. 36 Ark. 96; 33 Id. 465; 53 Id. 196; 56 Id. 380; 54 Id.…
1Opinion of the CourtHill, C. J.
Josephine E. Plant filed an ejectment suit against J. M. Westmoreland and J. E. Britton, a tenant, in which she alleged that on, and for seven years continuously preceding, December 5, 1901, W. J. Westmoreland was the owner and in possession of the lands described in the complaint, and that on that date he executed and delivered to the plaintiff a deed conveying same to her; and that W. J. Westmoreland was in possession of said premises on and prior to the date of the deed, and his possession was actual, open, notorious, adverse, peaceable and continuous for more than seven years during which…
2Cited by5 opinions
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