Patty v. Goolsby
Supreme Court of Arkansas
APPEAL from Little River Circuit Court. R. D. Hearn, Judge. 1. Under the laws of Arkansas the land, though after-acquired, passed by the will. Review the common law rule, 11 Mod., 148; 1 Salk., 238; 4 Burrow, i960; 3 Atk., 7984 7 Term Rep., 419, which was followed in many of the American courts, (5 Johns.
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APPEAL from Little River Circuit Court. R. D. Hearn, Judge. 1. Under the laws of Arkansas the land, though after-acquired, passed by the will. Review the common law rule, 11 Mod., 148; 1 Salk., 238; 4 Burrow, i960; 3 Atk., 7984 7 Term Rep., 419, which was followed in many of the American courts, (5 Johns. Chy., 441; 5 Peck, 112; 6 N. H., 47; 4 Kent Com., 11 Ed. marg. p. 510 note; 1 Redfield on Wills, 3 Ed., pp. 387, 332 and notes), but contend that in most of the states it has been changed by statute, and in others the reason of the rule having ceased the rule has also ceased. See also the…
1Opinion of the Court
Clark, Sp. J.
This is an action of ejectment brought by the appellees,, heirs at law of Peter R. Goolsby, against Owen W, Patty and Robert L. Moore, to recover the followaing lands, to-wit: The east of s. e. and w- of s. w. of section 16, in t. 12 s., in r. 29 w., in Little River county, Arkansas.
There was a complaint and answer, an amended and substituted complaint and answer. The court sustained a demurrer to the answer to the amended and substituted complaint and the defendants rested and appealed. There was a jury trial as to the value of the improvements and the rents and profits, and…
2Cases cited2 opinions
- Handly's Lessee v. AnthonySupreme Court of the United States · 1820
- Kimball v. EllisonMassachusetts Supreme Judicial Court · 1879
3Cited by29 opinions
- Galloway v. DarbySupreme Court of Arkansas · 1912
- Archer v. PalmerSupreme Court of Arkansas · 1914
- Webb v. WebbSupreme Court of Arkansas · 1914
- Ledbetter v. LedbetterTennessee Supreme Court · 1949
- Eubank v. SmileyIndiana Supreme Court · 1892
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