Swan v. Rainey
Supreme Court of Arkansas
Appeal from the Phillips Circuit Court. Grant Green, Jr., Judge. ■ 1. Rembert’s testimony was clearly inadmissible ; it was mere hearsay, and an expression of opinion. The object of sec. 5809, Mansf.
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Appeal from the Phillips Circuit Court. Grant Green, Jr., Judge. ■ 1. Rembert’s testimony was clearly inadmissible ; it was mere hearsay, and an expression of opinion. The object of sec. 5809, Mansf. Digest, was to prevent the forfeiture of the estate of the remainder-man or reversioner by the negligence or fraud of the life tenant in failing or refusing to pay the taxes on the land. 2. It was error to give the instruction asked by defendant, and to refuse that asked by plaintiff. 3. The evidence shows a forfeiture of the life interest.
1Opinion of the CourtBatteE, J.
Appellants brought this action to recover of appellee the possession of a certain tract of land described in their complaint. The facts upon which they base their claim are as follows: Jesse Rodgers, died intestate, leaving appellants his heirs, and appellee his widow, surviving. At the time of his death, he was. seized and possessed of the land in controversy, and. occupied it as a part of his homestead. After his death,, appellee, his widow, continued to occupy it as his late homestead. In 1890 she permitted it to be returned delinquent as to the taxes of 1889. She requested her agent to…
2Cases cited4 opinions
- Guynn v. McCauleySupreme Court of Arkansas · 1877
- Rodman v. SandersSupreme Court of Arkansas · 1884
- Sanders v. EllisSupreme Court of Arkansas · 1883
- Staley v. LeomansSupreme Court of Arkansas · 1890
3Cited by8 opinions
- Inman v. QuireySupreme Court of Arkansas · 1917
- Magness v. HarrisSupreme Court of Arkansas · 1906
- Stiles v. GrangerNorth Dakota Supreme Court · 1908
- Kory v. LessSupreme Court of Arkansas · 1929
- Barker v. FuestalSupreme Court of Arkansas · 1912
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