Kessinger v. Wilson
Supreme Court of Arkansas
APPEAL from Clay Circuit Court, Western District. J. E. Riddick, Judge. 1. The sale of a homestead during the minority of the children is an absolute nullity. 47 Ark,, 445. 2. The statute did not commence to run until the youngest child attained its majority. 47 Ark., 504; 42 Ark., 357 ; 22 Ark., 567; Wood on Lim., pp. 527-8, and note 1; Tiedeman on Real Property, sec. 715. 3. The statute could not run against Nancy J. Casey,, she being a married woman. Mansf.
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APPEAL from Clay Circuit Court, Western District. J. E. Riddick, Judge. 1. The sale of a homestead during the minority of the children is an absolute nullity. 47 Ark,, 445. 2. The statute did not commence to run until the youngest child attained its majority. 47 Ark., 504; 42 Ark., 357 ; 22 Ark., 567; Wood on Lim., pp. 527-8, and note 1; Tiedeman on Real Property, sec. 715. 3. The statute could not run against Nancy J. Casey,, she being a married woman. Mansf. Dig., sec. 4471. 1. The appellants had a present and complete cause of action at the date of the adverse entry, and either or both…
1Opinion of the CourtBattle, J.
On the 5th of February, 1888, appellants brought an action of ejectment against appellees, in the Clay circuit court, for the possession of certain land described in their complaint. Appellees pleaded the five and seven years’ statutes of limitations in bar of the action. On the trial it was admitted that Daniel Kessinger died seized and possessed of the land in the month of July, 1862; that it constituted his homestead at the time of his death; that he was the' father of appellants, Nancy J. Casey and John Kessinger; that Nancy J. was born on the 10th of December, 1859, and John Kessinger on…
2Cases cited39 opinions
- Pillow v. RobertsSupreme Court of the United States · 1852
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Bowman v. CockrillSupreme Court of Kansas · 1870
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Eldridge v. KuehlSupreme Court of Iowa · 1869
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3Cited by28 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Gannon v. MooreSupreme Court of Arkansas · 1907
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Wren v. DixonNevada Supreme Court · 1916
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
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