Galloway v. Robinson
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. A person acquiring an estate from the father by devise, gift or descent, and dying without issue, the estate ascends to the father and his heirs. Dig. 437, sec. 10; Kelly’s heirs vs. McGuire, and wife et al., 15 Ark. 587. The father paid the money and entered the lands in the name of the son: this is a gift of the land to the son by the father. 1 Story’s Eq.
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Appeal from Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. A person acquiring an estate from the father by devise, gift or descent, and dying without issue, the estate ascends to the father and his heirs. Dig. 437, sec. 10; Kelly’s heirs vs. McGuire, and wife et al., 15 Ark. 587. The father paid the money and entered the lands in the name of the son: this is a gift of the land to the son by the father. 1 Story’s Eq. PI. 80, sec. 64: 1 Jarman on Wills 5236, and note 1 citing authorities; 5 Watts 113; Fletcher vs. Ashburne, 1 Bro. C. C. 497. relied upon the case of Kelly's heirs…
1Opinion of the CourtJustice Hanly
This was an action of ejectment brought by the appellees against the appellant in the Pulaski Circuit Court for two tracts of land. Galloway interposed the plea of the general issue and to this plea issue was taken by the appellees.
It appears, from the transcript, that before the trial in the Court below, the parties by their respective attorneys appeared and filed an agreed statement of facts, and also their agreement “ that the facts agreed upon shall stand, and that either party shall have the like benefit thereof on appeal or writ of error, as if the same were a special verdict.”
The facts…
2Cases cited3 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Pate v. JohnsonSupreme Court of Arkansas · 1854
- Lisloff v. HartMississippi Supreme Court · 1852
3Cited by3 opinions
- Coolidge v. BurkeSupreme Court of Arkansas · 1901
- Cotton v. Citizens' BankSupreme Court of Arkansas · 1911
- Wheelock v. SimonsSupreme Court of Arkansas · 1905