Luttrell v. Reynolds
Supreme Court of Arkansas
Cross Appeals from Randolph Circuit Court in Chancery. John B. McCaleb, Judg-e. STATEMENT BY THE COURT. In 1890, appellants brought suit in the Randolph circuit court against the appellee, D. W. Reynolds, for the lands in controversy in the present suit.
Read the full summary
Cross Appeals from Randolph Circuit Court in Chancery. John B. McCaleb, Judg-e. STATEMENT BY THE COURT. In 1890, appellants brought suit in the Randolph circuit court against the appellee, D. W. Reynolds, for the lands in controversy in the present suit. The complaint in that case, after setting up title in appellants by inheritance from their father, alleged: “That, about the year 1860, their sister, Jane H. Ivuttrell, was married to one D. W. Reynolds, -the defendant, of which marriage there was an issue, one son named James S. Reynolds; that, on the-day of- 1863, the said Jane H., wife of…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The issue as to curtesy was expressly raised and determined upon the merits in the former suit. . That was the effect of the finding and judgment of the court upon the demurrer. No technical objection was raised to the complaint. The facts are well pleaded, and were conceded to be true. If the facts stated did not show curtesy in the defendant, the complaint in the first suit was good. Now, whatever may be the rule elsewhere, this court in McDaniel v. Grace, 15 Ark. 465, held that there must be actual seizin in the wife during coverture to constitute…
2Cases cited9 opinions
- Aurora City v. WestSupreme Court of the United States · 1869
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- Gray v. DoughertyCalifornia Supreme Court · 1864
- Smith v. HornsbySupreme Court of Georgia · 1883
- Kimbro & Morgan v. Virginia & Tennessee Air-Line Railway Co.Supreme Court of Georgia · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Melton v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- Tri-County Highway Improvement District v. Vincennes Bridge Co.Supreme Court of Arkansas · 1925
- Barrentine v. Henry Wrape Co.Supreme Court of Arkansas · 1914
- McNeese v. RainesSupreme Court of Arkansas · 1931
- Radford v. SamstagSupreme Court of Arkansas · 1914
12 more not listed; retrieve them via the Exa API.