Rowland v. McGuire
Supreme Court of Arkansas
Appeal from Randolph Circuit Court. It was error to require appellant to pay the fee of the guardian ad litem,. Sand. & H. Dig. § 787. It was also error to refuse to set-off the judgment for costs against the judgment for betterments. Sand. & H. Dig., § 5861. In the absence of fraud, parties under disability are not estopped. Big.
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Appeal from Randolph Circuit Court. It was error to require appellant to pay the fee of the guardian ad litem,. Sand. & H. Dig. § 787. It was also error to refuse to set-off the judgment for costs against the judgment for betterments. Sand. & H. Dig., § 5861. In the absence of fraud, parties under disability are not estopped. Big. Est. 600; 55 Ark. 423. Courts of equity are governed by the statute of limitations, just as are courts of law. 46 Ark. 25; 46 Ark. 552; 47 Ark. 301. It was not error to refuse the tenth instruction prayed by appellee. 64 Ark. 412. The answer set up an estoppel in…
1Opinion of the CourtBattle, J.
Alice J. Rowland, a married woman, instituted an action against Jane McGuire and others, to recover possession of a certain tract of land described in her complaint. The defendants denied her title and right to the possession of the land, and alleged that they were the owners, and that they and those under whom they claimed and held had held adverse possession of the same for seven years, and for five years under a judicial sale, and said: “As a further defense, defendants say that the plaintiff in this cause has been guilty of gross neglect and laches, and that her claim, if she ever had…
2Cases cited3 opinions
- Hershy v. LathamSupreme Court of Arkansas · 1883
- Batte v. McCaaSupreme Court of Arkansas · 1884
- Rowland v. McGuireSupreme Court of Arkansas · 1897
3Cited by13 opinions
- Stuttgart v. JohnSupreme Court of Arkansas · 1908
- Waits v. MooreSupreme Court of Arkansas · 1909
- Avera v. BanksSupreme Court of Arkansas · 1925
- Chatfield v. Iowa & Arkansas Land Co.Supreme Court of Arkansas · 1908
- McFarlane v. GroberSupreme Court of Arkansas · 1902
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