Bedford v. Bedford
Supreme Court of Arkansas
Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; The court was without jurisdiction to render the decree, and it is not binding on appellant or other parties owning an interest. The title to the fee is “in nubibus; in gremio legis,” etc., according to the ancient authorities, but, according to the modern authorities, it is still in the grantor, or in abeyance. 44 Ark. 458. The court had jurisdiction.' Equity will furnish a remedy for eve- y wrong. Pom. Eq.
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Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; The court was without jurisdiction to render the decree, and it is not binding on appellant or other parties owning an interest. The title to the fee is “in nubibus; in gremio legis,” etc., according to the ancient authorities, but, according to the modern authorities, it is still in the grantor, or in abeyance. 44 Ark. 458. The court had jurisdiction.' Equity will furnish a remedy for eve- y wrong. Pom. Eq. (3 ed.) § 423; 36 Ark. 120; 44 Id. 458; 95 Id. 18; 16 Cyc. 653 (2); 61 S. W. 1025; 32 N. E. 704.
1Opinion of the CourtMcCulloch, C. J.
John Harper, a citizen of the State of Kentucky, died leaving a last will and testament, whereby he devised certain lands in that State to the children of his nephew, Adam Harper, “for their life only and at their respective deaths to go to such of their children or grandchildren, respectively, as by last will and testament they may direct; and, in case any fail so to direct, to be divided equally between their children or their descendants; the children of any that are dead to take the place of their parents.” Mrs. Susan Bedford was one of the children of Adam Harper, and the lands thus…
2Cases cited7 opinions
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Gavin v. CurtinIllinois Supreme Court · 1898
- Watson v. Wolff-Goldman Realty Co.Supreme Court of Arkansas · 1910
- Ridley v. HallidayTennessee Supreme Court · 1901
- Watson v. HendersonSupreme Court of Arkansas · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Morris v. BoydSupreme Court of Arkansas · 1913
- Hardy v. HiltonSupreme Court of Arkansas · 1947
- Wing v. WingSupreme Court of Arkansas · 1948
- Wigal v. HensleySupreme Court of Arkansas · 1949
- Duncan v. LiddleSupreme Court of Arkansas · 1916
2 more not listed; retrieve them via the Exa API.