Brownfield v. Bookout
Supreme Court of Arkansas
Appeal from Izard Chancery Court; Lyman F. Reeder, Chancellor; STATEMENT OF FACTS. On the 28th day of September, 1918, Alma Brownfield et al., brought this suit in equity against W. H. Bookout et al., to have the defendants declared trustees, for themselves and the plaintiffs to 160 acres of land described in the complaint.
Read the full summary
Appeal from Izard Chancery Court; Lyman F. Reeder, Chancellor; STATEMENT OF FACTS. On the 28th day of September, 1918, Alma Brownfield et al., brought this suit in equity against W. H. Bookout et al., to have the defendants declared trustees, for themselves and the plaintiffs to 160 acres of land described in the complaint. The complaint alleges that plaintiffs and defendants are the children and heirs at law of Jake Bookout, deceased, and that the land described in the complaint be- ' longs tó his estate. The legal title is in the defendants. The defendants denied that the plaintiffs had an…
1Opinion of the CourtHart, J.
(after stating the facts). Counsel for the defendants first seek to uphold the decree on the ground that the plaintiffs are barred of relief under the seven-year statute of limitations. "We can not -agree with counsel in this contention. The land was the homestead of Jake Bookout when he died. His youngest son, Owen Bookout, died in March, 1920, at the age of 15 years. If the land belonged to Jake Bookout and was his homestead at the time of his death, the statute of limitations would not begin to run against the adult children until the termination of the homestead of the youngest child.…
2Cases cited11 opinions
- Rogers v. Galloway Female CollegeSupreme Court of Arkansas · 1898
- Stubbs v. PittsSupreme Court of Arkansas · 1907
- Burel v. BakerSupreme Court of Arkansas · 1909
- Thompson v. WilhiteSupreme Court of Arkansas · 1917
- Lasker-Morris Bank & Trust Co. v. GansSupreme Court of Arkansas · 1918
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Harbour v. HarbourSupreme Court of Arkansas · 1944
- Horn v. HullSupreme Court of Arkansas · 1925
- Merchants' & Planters' Bank v. Citizens' BankSupreme Court of Arkansas · 1927
- Baker-Matthews Lumber Company v. Bank of LepantoSupreme Court of Arkansas · 1926
- Jones v. Kelley Trust Co.Supreme Court of Arkansas · 1929
10 more not listed; retrieve them via the Exa API.