Fox v. Drewry
Supreme Court of Arkansas
Appeal from Searcy Circuit Court in Chancery. B. B. Hudgins, Judge. STATEMENT BY THE COURT. This is an appeal from a judgment adverse to appellant in a suit in ejectment for the recovery of lands devised to her by the will of her father. Appellant and her husband, who was living at the time of the institution of this suit, and from whom she had not been divorced, conveyed the lands by. deed to one McMahan, who conveyed to the appellee.
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Appeal from Searcy Circuit Court in Chancery. B. B. Hudgins, Judge. STATEMENT BY THE COURT. This is an appeal from a judgment adverse to appellant in a suit in ejectment for the recovery of lands devised to her by the will of her father. Appellant and her husband, who was living at the time of the institution of this suit, and from whom she had not been divorced, conveyed the lands by. deed to one McMahan, who conveyed to the appellee. At the date of the said conveyance by the appellabt, she was under the age of eighteen years, and was a married woman. She was therefore incompetent to convey…
1Opinion of the Court
Hughes,
J., (after stating the facts.) At the time the appellant conveyed the land in controversy, she was an infant feme covert, and was remaining under the disability of coverture, when she commenced this suit. Was she barred by the seven-years statute of limitations or by laches?
dotaSpeSedf when mar-
The statute of limitations in this state allows a married woman three years after she becomes discovert within which to commence her action. Hershy v. Latham, 42 Ark. 307; McKneely v. Terry, 61 Ark. 527. But “where seven years have elapsed since the right of action for land accrued, and three of…
2Cases cited4 opinions
- Sims v. EverhardtSupreme Court of the United States · 1880
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Hershy v. LathamSupreme Court of Arkansas · 1883
- Chandler v. NeighborsSupreme Court of Arkansas · 1884
3Cited by15 opinions
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Davis v. NealSupreme Court of Arkansas · 1911
- Arkansas Reo Motor Car Co. v. GoodlettSupreme Court of Arkansas · 1924
- Tobin v. SpannSupreme Court of Arkansas · 1908
- Stewart Oil Co. v. BryantSupreme Court of Arkansas · 1922
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