Head v. Phillips
Supreme Court of Arkansas
Appeal from Little Eiver Circuit Court in Chancery. Will P. Feazel, Judge. STATEMENT BY THE COURT. This is a suit by the appellants against the appellees for the partition of certain lands mentioned in the complaint, and which are held adversely by the appellees. The appellees claim title to said lands by virtue of a will executed by Mary Alice Head, the mother of appellants. This complaint prays for a construction of this will and partition of the land.
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Appeal from Little Eiver Circuit Court in Chancery. Will P. Feazel, Judge. STATEMENT BY THE COURT. This is a suit by the appellants against the appellees for the partition of certain lands mentioned in the complaint, and which are held adversely by the appellees. The appellees claim title to said lands by virtue of a will executed by Mary Alice Head, the mother of appellants. This complaint prays for a construction of this will and partition of the land. The complaint admits that the land is- in the possession of appellees, and that they are holding it and claiming it adversely to appellants.…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) It has been several times held by this court that where lands are claimed by another and held adversely, a suit in equity for partition will not lie. The remedy is in ejectment to settle the title, before a bill for partition can be maintained. The remedy by ejectment is complete and adequate. The will can be construed in a suit by ejectment, and the title settled. Moore v. Gordon, 44 Ark. 334; Criscoe v. Hambrick, 47 Ark. 235; London v. Overby, 40 Ark. 155.
The will in this case bequeathed a legal title only. “So far as a will of real property bequeaths…
2Cases cited3 opinions
- Moore v. GordonSupreme Court of Arkansas · 1884
- Criscoe v. HambrickSupreme Court of Arkansas · 1886
- London v. OverbySupreme Court of Arkansas · 1882
3Cited by11 opinions
- Booe v. VinsonSupreme Court of Arkansas · 1912
- Frank v. FrankSupreme Court of Arkansas · 1908
- Cannon v. StevensSupreme Court of Arkansas · 1908
- Simmons v. TurnerSupreme Court of Arkansas · 1926
- Hill v. Cherokee Construction Co.Supreme Court of Arkansas · 1911
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