Baker v. Martin
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Charles Coffin, Judge; When one tenant in common buys in an outstanding title or incumbrance, it inures to the benefit of all. 21 Ore. 59; SS Ark. 104; 47 O. St. 437; 44 Wash. 31; 50 la. 312; 173 Pa. 101; 9 S. Dak. 116; 98 la. 32. Dower is a legal, equitable and moral right, and next to life and liberty.
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Appeal from Lawrence Circuit Court, Eastern District; Charles Coffin, Judge; When one tenant in common buys in an outstanding title or incumbrance, it inures to the benefit of all. 21 Ore. 59; SS Ark. 104; 47 O. St. 437; 44 Wash. 31; 50 la. 312; 173 Pa. 101; 9 S. Dak. 116; 98 la. 32. Dower is a legal, equitable and moral right, and next to life and liberty. Scribner on Dower, § 331 5 Conn. 462; 31 Ark. 576. The rights of a purchaser of a widow’s dower before assignment to her will be protected in equity. 62 Ark. 51; 53 N. Y. 298; 20 N. Y. 412; 7 Paige 408; 22 Wis. 501; 6 Allen 305; 13 Ala.…
1Opinion of the CourtMcCulloch, C. J.
Appellants, N. L. C. Baker and others, instituted an action in the circuit court of Lawrence County against appellee, C. H. Martin, to recover a tract of land. The answer of appellee put in issue all the allegations of the complaint as to the title to the land, and also pleaded adverse possession for seven years. The case was heard by the court sitting as a jury on an agreed statement of facts, and the court made a finding in favor of appellee, except as to some of the plaintiffs who were exempt from the bar of the statute of limitations by reason of coverture and infancy, and judgment was…
2Cases cited5 opinions
- Carpenter v. DresslerSupreme Court of Arkansas · 1905
- Smith v. HollisSupreme Court of Arkansas · 1885
- Young v. KingSupreme Court of Arkansas · 1878
- Kearney v. MooseSupreme Court of Arkansas · 1881
- Anthony v. BrooksSupreme Court of Arkansas · 1877
3Cited by5 opinions
- Green v. StateSupreme Court of Arkansas · 1954
- City of Monticello v. KimbroSupreme Court of Arkansas · 1943
- Louisiana Northwest R.R. Co. v. McMorellaSupreme Court of Arkansas · 1926
- North River Ins. Co. of N.Y. v. ThompsonSupreme Court of Arkansas · 1935
- Green v. StateSupreme Court of Arkansas · 1954