Dorsey Land & Lumber Co. v. Silvia
Supreme Court of Arkansas
Appeal from Miller Circuit Court; George B. Haynie, Judge; 1. -The appellee was barred by limitation of seven years and two years. Although a femme covert, her disabilities were removed by Acts 1915, p. 684. She had the right to sue as a femme sole. 124 Ark. 175. Although by Acts 1915, p. 684, a married woman may not plead limitation in ejectment.
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Appeal from Miller Circuit Court; George B. Haynie, Judge; 1. -The appellee was barred by limitation of seven years and two years. Although a femme covert, her disabilities were removed by Acts 1915, p. 684. She had the right to sue as a femme sole. 124 Ark. 175. Although by Acts 1915, p. 684, a married woman may not plead limitation in ejectment. Yet Acts 1915, p. 684, has already removed a married woman’s disabilities and the court erred in not sustaining the claim of adverse possession by payment of taxes for more than seven years. 2. The court erred in giving instruction No. 1 for…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellee against appellant in the circuit court of Miller County to recover possession of a tract of land. Appellee claimed title under a patent from the United States, executed to her as homesteader in the year 1890, and she alleged that appellant was wrongfully in possession of the land claiming to be the owner under a tax sale in the year 1892 for the taxes of 1891, which said tax sale is alleged to be void. Appellant in its answer claimed title under the aforesaid tax sale and alleged that the sale was valid. In the answer the title was traced back to the…
2Cases cited2 opinions
- Hershy v. LathamSupreme Court of Arkansas · 1883
- Rowland v. McGuireSupreme Court of Arkansas · 1897