Legal Opinion

Cocke v. Clausen

Supreme Court of Arkansas

Decided February 17, 1900PublishedCited by 3 opinions

Appeal from Crittenden Circuit Court in Chancery. STATEMENT BY THE COURT. Appellants, J. L. Cocke & Co., filed a complaint in equity against Mrs. Edna E. Clausen and her minor brother, Win, C. Urie, seeking partition of certain lands, in manner as will presently appear. The lands in controversy were originally held in common by the defendants and their sister, Mrs. Botts, as heirs of S. D. Eives.

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Appeal from Crittenden Circuit Court in Chancery. STATEMENT BY THE COURT. Appellants, J. L. Cocke & Co., filed a complaint in equity against Mrs. Edna E. Clausen and her minor brother, Win, C. Urie, seeking partition of certain lands, in manner as will presently appear. The lands in controversy were originally held in common by the defendants and their sister, Mrs. Botts, as heirs of S. D. Eives. Appellants acquired title to Mrs. Botts’ undivided interest at a sale under a trust deed executed to them by Mrs. Botts to secure them for advauces of supplies and for certain gin machinery and…

1Opinion of the Court

Wood, J.,

(after stating the facts.) From the above and other proof in the record, we conclude:

1. That in the year 1889 Mrs. Botts received from Samuel Floyd rent for the. land in controversy amounting to $1,000. The improvements—engine, gin, boiler, etc.—which Floyd evidently put up on the land in the early part of 1889 were at that time worth, according to the testimony of Cocke, $1,135. There was then a difference of only $135 between the value of the machinery, when Mrs. Botts purchased and came into possession of it from Floyd, and the value of the rents received by Mrs. Botts for the…

Also in this document: Dissent.

2Cases cited1 opinion

  1. Harrison v. HarrisonMississippi Supreme Court · 1878

3Cited by3 opinions

  1. Bottrell v. Farmers' Bank & Trust Co.Supreme Court of Arkansas · 1927
  2. Bowman v. PettitSupreme Court of Arkansas · 1900
  3. Taylor v. CrawfordSupreme Court of Arkansas · 1933

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