Legal Opinion

Smith v. Maberry

Supreme Court of Arkansas

Decided April 11, 1921PublishedCited by 17 opinions

Appeal from Woodruff Chancery Court, Southern District; A. L. Hutchins, Chancellor; STATEMENT OE FACTS. A. F. Maberry brought an action in the circuit court against Ira Smith and Christine Nelson to recover forty acres of land situated in Woodruff County, Arkansas. The defendants .answered, setting up title in themselves, pleaded the statute of limitations, and invoked the doctrine of laches. They asked that the cause be transferred to the chancery court, which was done.

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Appeal from Woodruff Chancery Court, Southern District; A. L. Hutchins, Chancellor; STATEMENT OE FACTS. A. F. Maberry brought an action in the circuit court against Ira Smith and Christine Nelson to recover forty acres of land situated in Woodruff County, Arkansas. The defendants .answered, setting up title in themselves, pleaded the statute of limitations, and invoked the doctrine of laches. They asked that the cause be transferred to the chancery court, which was done. After the cause was transferred to equity, it was tried upon an agreed statement of facts, as follows: On October 1, 1845,…

1Opinion of the CourtHart, J.

(after stating the facts). The record shows that on October 1, 1845, the land in question was granted by the United States to Charles Newman and a patent was issued to him. After his death intestate in October, 1865, his heirs conveyed said land, by deed, to Elizabeth Newman. She married Thos. J. Bentley, and in 1866 died, leaving surviving her Thos. J. Bentley, her husband, and infant daughter, the sole issue of their marriage. The infant daughter who was the issue of the marriage of Elizabeth Newman with Thos. J. Bentley is now Ada Bentley Morrison. On the 24th day of January, 1919, the…

2Cases cited14 opinions

  1. Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
  2. Mettler v. MillerIllinois Supreme Court · 1889
  3. Ogden v. OgdenSupreme Court of Arkansas · 1894
  4. Pendley v. Madison's Adm'rSupreme Court of Alabama · 1887
  5. Christie v. . GageNew York Court of Appeals · 1877

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

3Cited by17 opinions

  1. Wilson v. McDanielSupreme Court of Arkansas · 1970
  2. Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
  3. Maxwell v. HamelNebraska Supreme Court · 1940
  4. Lotspeich v. DeanNew Mexico Supreme Court · 1949
  5. Meadows v. HardcastleSupreme Court of Arkansas · 1951

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

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