Jackson v. Lady
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court, Eastern District; Lyman F. Reeder, Chancellor; 1. The will of Henson Kenyon gave the fee title to Emeline Owens and the limitation over in case of her death without issue was void; the deed to Lady was only sufficient to pass any title which she may have had at the time the deed was executed and would not pass after-acquired title; all transactions between the parties prior to the deed were merged in the deed and could hot avail by…
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Appeal from Lawrence Chancery Court, Eastern District; Lyman F. Reeder, Chancellor; 1. The will of Henson Kenyon gave the fee title to Emeline Owens and the limitation over in case of her death without issue was void; the deed to Lady was only sufficient to pass any title which she may have had at the time the deed was executed and would not pass after-acquired title; all transactions between the parties prior to the deed were merged in the deed and could hot avail by estoppel or otherwise. Under the granting and habendum clauses of Kenyon’s will Erneline Owens took a fee title. All the words…
1Opinion of the CourtWood, J.
This action was instituted by Mary F. Jackson and Victoria Phelps against the appellee in the chancery court of Lawrence County on the 2nd of October, 1917.
The plaintiffs alleged that they were the owners in common of certain tracts of land in Lawrence County which they described in their complaint and which contained in the aggregate 89.26 acres more or less. They alleged that their father, Henson Kenyon, devised the land described to Emeline Owens who immediately upon the death of her father entered into the possession and remained in possession of the lands until her death; that at her…
2Cases cited11 opinions
- Wood v. KelseySupreme Court of Arkansas · 1909
- Archer v. PalmerSupreme Court of Arkansas · 1914
- Doe ex dem. Phillips' Heirs v. PorterSupreme Court of Arkansas · 1840
- Cocks v. SimmonsSupreme Court of Arkansas · 1891
- Holland v. RogersSupreme Court of Arkansas · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gibson v. PickettSupreme Court of Arkansas · 1974
- Stokes v. StokesSupreme Court of Arkansas · 2016
- Duncan v. McAdamsSupreme Court of Arkansas · 1953
- Bowen v. FrankSupreme Court of Arkansas · 1929
- Holmes v. CountissSupreme Court of Arkansas · 1938
12 more not listed; retrieve them via the Exa API.