Terry v. Logue
Supreme Court of Arkansas
Appeal from Franklin Chancery Court; B. L. Matlock, Special Chancellor; Appellant is not estopped, because his claim under the deed that he is the owner is a separate and distinct cause of action, raises entirely new issues and presents an entirely different state of facts from those adjudicated in the former suit. 23 Cyc. 1297, 1298, 1302, 1304; 25 C. C. A. 469; 30 Cent.
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Appeal from Franklin Chancery Court; B. L. Matlock, Special Chancellor; Appellant is not estopped, because his claim under the deed that he is the owner is a separate and distinct cause of action, raises entirely new issues and presents an entirely different state of facts from those adjudicated in the former suit. 23 Cyc. 1297, 1298, 1302, 1304; 25 C. C. A. 469; 30 Cent. Dig. 124; 54 C. C. A. 545 94 U. S. 351, 354; 35 N. E. 479; 23 L. R. A. 187; 26 N. E. mo; 53 Ark. 307; 55 Ark. 293; Bigelow on Estoppel (3 ed.), 37-43; 25 Ark. 576; Id. 293. Failure to plead and assert title under the deed in…
1Opinion of the CourtKirby, J.
A suit was first brought by appellee, the widow of M. F. Terry, against appellant, his brother, his mother, and other heirs of her deceased husband,- in which it was alleged that she was the owner -of an undivided half interest in certain lands and two-thirds interest in the homestead tract in Franklin County of which her husband died seized and possessed; that they were a new acquisition and not an ancestral estate; that L. D. Terry was the owner of the other unidivided half interest except to the homestead in section 4, in which -he owned one-third interest; specifically alleged the…
2Cases cited3 opinions
- Johnson v. CampbellSupreme Court of Arkansas · 1889
- Turner v. VaughanSupreme Court of Arkansas · 1878
- Bartlett v. GregorySupreme Court of Arkansas · 1895
3Cited by10 opinions
- Felker v. RiceSupreme Court of Arkansas · 1913
- Miller v. HenrySupreme Court of Arkansas · 1912
- Feild v. WatersSupreme Court of Arkansas · 1921
- Long v. LongSupreme Court of Arkansas · 1912
- Ingram v. RaifordSupreme Court of Arkansas · 1927
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