Lesser v. Reeves
Supreme Court of Arkansas
Appeal from Lee Chancery Court; A. L. Hutchins, Chancellor; STATEMENT OP PACTS. On the 1st day of December, 1917, appellants brought this suit in equity against appellees and asked that the latter be declared mortgagees in possession of the land described in their complaint and that an account be taken of the rents and profits between the parties to the suit.
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Appeal from Lee Chancery Court; A. L. Hutchins, Chancellor; STATEMENT OP PACTS. On the 1st day of December, 1917, appellants brought this suit in equity against appellees and asked that the latter be declared mortgagees in possession of the land described in their complaint and that an account be taken of the rents and profits between the parties to the suit. Appellees defended on the ground that there had been a foreclosure of the mortgage in question by a sale under the power contained therein and that the mortgagees had become the purchasers at the sale. They also pleaded the statute of…
1Opinion of the CourtHart, J.
(after stating the facts). The chancery court was right in holding that appellees, who were the plaintiffs below, were not barred by the seven-year statute of limitations. The land in question was the homestead of Thomas Reeves, and he lived on it with his wife and minor children until his death. The adult heirs had no right to the possession of the homestead until th¿ youngest child became twenty-one years of age and the statute of limitations did not begin to run against them until the termination of the homestead of the youngest child. Mrs. Mamie Harp was the youngest child and did not…
2Cases cited9 opinions
- Davis v. NealSupreme Court of Arkansas · 1911
- Tatum v. Arkansas Lumber Co.Supreme Court of Arkansas · 1912
- Jackson v. Becktold Printing & Book Manufacturing Co.Supreme Court of Arkansas · 1908
- Craig v. MeriwetherSupreme Court of Arkansas · 1907
- Waits v. MooreSupreme Court of Arkansas · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Smith v. MaberrySupreme Court of Arkansas · 1921
- Pioneer Building & Loan Ass'n v. CowanCourt of Appeals of Texas · 1938
- Shaw v. PolkSupreme Court of Arkansas · 1922
- Norris v. ScrogginsSupreme Court of Arkansas · 1927
- Rinke v. SchumanSupreme Court of Arkansas · 1969
9 more not listed; retrieve them via the Exa API.