Legal Opinion

Brinkley v. Taylor

Supreme Court of Arkansas

Decided February 2, 1914PublishedCited by 15 opinions

Appeal from Cross Chancery Court; Edward D. Robertson, Chancellor; The possession of Mrs. Emma C. Taylor as widow of ¥m, H. Brinkley was possession in right of dower until dower was assigned, and the statute of limitation would not run in her favor. 69 N. J. L. 27; 44 Ark. 490; 23 S. E. 233. Her possession would not begin to be adverse until there was an- open assertion of hostile title brought to the notice of the heirs. 69 N. W. 37; 112 111. 568; 97 Ark. 33; 1 Cyc.…

Read the full summary

Appeal from Cross Chancery Court; Edward D. Robertson, Chancellor; The possession of Mrs. Emma C. Taylor as widow of ¥m, H. Brinkley was possession in right of dower until dower was assigned, and the statute of limitation would not run in her favor. 69 N. J. L. 27; 44 Ark. 490; 23 S. E. 233. Her possession would not begin to be adverse until there was an- open assertion of hostile title brought to the notice of the heirs. 69 N. W. 37; 112 111. 568; 97 Ark. 33; 1 Cyc. 1051-1053; see also 13 So. 83; 100 Ark. 399; 13 S. W. 790; 42 N. W. 954. Before the appellee can avail herself of the benefit…

1Opinion of the CourtSmith, J.

This action was begun by appellee to quiet her title to the east half, southeast quarter, section 15, township 9 north, range 3 east, situated in Cross County, Arkansas. The complaint alleged that Wm. H. Brinkley died intestate without issue on the 1st day of October, 1870, seized of the fee-simple title to the above described land, and left him surviving his widow, Emma Gr. Brinkley, now Emma C. Taylor, the appellee herein, and certain brothers and sisters, and also the children of certain other brothers and sisters, whose parents were dead, some of whose names were alleged to be unknown.

The…

2Cases cited3 opinions

  1. Barnett v. MeachamSupreme Court of Arkansas · 1896
  2. Stidham v. MatthewsSupreme Court of Arkansas · 1874
  3. Danley v. DanleySupreme Court of Arkansas · 1860

3Cited by15 opinions

  1. Hayden v. HillSupreme Court of Arkansas · 1917
  2. Cullins v. WebbSupreme Court of Arkansas · 1944
  3. Tennison v. CarrollSupreme Court of Arkansas · 1951
  4. Clark v. FriendSupreme Court of Arkansas · 1927
  5. Clark v. WilsonSupreme Court of Arkansas · 1927

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API