Legal Opinion

Rogers v. Ogburn

Supreme Court of Arkansas

Decided January 11, 1915PublishedCited by 19 opinions

Appeal from Desha 'Circuit Court; Antonio B. Grace, Judge; 1. Both, parties claim title through Isaac Adair, deceased. The complaint is sufficient. 53 Ark. 449 ; 79 Id. 532. The is-even years statute of limitations i.s applicable land did not commence to run as to the remainder-men until the death of the life tenant.

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Appeal from Desha 'Circuit Court; Antonio B. Grace, Judge; 1. Both, parties claim title through Isaac Adair, deceased. The complaint is sufficient. 53 Ark. 449 ; 79 Id. 532. The is-even years statute of limitations i.s applicable land did not commence to run as to the remainder-men until the death of the life tenant. The suit was brought within two years. 69 Ark. 539. 2. The grant created 'an -estate tail- under the earliest decisions. 3 Ark. 147-195. But under Kirby’s Dig., § 735, it created a life estate with remainder in fee simple ¡absolute to- 'appellants. 44 Ark. 458, 475; 67 Id. 517;…

1Opinion of the CourtMcCulloch, C. J.

This is an action to recover possession of a tract of land in Desha County, .all of the parties claiming title to the land from .a common source. The land was formerly owned toy one Isaac Adair, who executed a deed on June 21, 1887, to his wife, Nancy J. Adair, “and the heirs of her body lawfully begotten.” The plaintiffs, J. J. Rogers and Ida M. Jackson, are the only children of Nancy J. Adair, and the latter executed to the plaintiff, Rogers, on December 5, 1892, a deed of ■gift, conveying her interest in the property to him. On August 13, 1904, plaintiff Rogers and his mother, Nancy J.…

2Cases cited10 opinions

  1. Watson v. Wolff-Goldman Realty Co.Supreme Court of Arkansas · 1910
  2. Hardage v. StroopeSupreme Court of Arkansas · 1893
  3. Dempsey v. DavisSupreme Court of Arkansas · 1911
  4. Collins v. MackSupreme Court of Arkansas · 1877
  5. Wilmans v. RobinsonSupreme Court of Arkansas · 1900

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

3Cited by19 opinions

  1. Smith v. Missouri Pacific RailroadSupreme Court of Arkansas · 1927
  2. Pletner v. Southern Lumber Co.Supreme Court of Arkansas · 1927
  3. Williams v. PurdySupreme Court of Arkansas · 1954
  4. Hayden v. HillSupreme Court of Arkansas · 1917
  5. Gibson v. GibsonSupreme Court of Arkansas · 1968

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