Legal Opinion

Turner Heirs v. Turner

Supreme Court of Arkansas

Decided December 1, 1919PublishedCited by 3 opinions

Appeal from Izard Circuit Court; J. B. Baker, Judge; 1. The debts or claims are barred by limitation. Kirby’s Digest, § 5073; 23 Ark. 169; 48 Id. 282; Kirby’s Digest, § § 79, 186. The contention of appellants is certainly true as to tbe 60 acres over and above homestead and dower. 37 Ark. 155; 47 Id. 475. 2. Petitioners are barred by laches. 63 Ark. 409; 37 Id. 160. The lands yere assets in the hands of the administrator to pay debts.

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Appeal from Izard Circuit Court; J. B. Baker, Judge; 1. The debts or claims are barred by limitation. Kirby’s Digest, § 5073; 23 Ark. 169; 48 Id. 282; Kirby’s Digest, § § 79, 186. The contention of appellants is certainly true as to tbe 60 acres over and above homestead and dower. 37 Ark. 155; 47 Id. 475. 2. Petitioners are barred by laches. 63 Ark. 409; 37 Id. 160. The lands yere assets in the hands of the administrator to pay debts. Kirby’s Digest, § % 79, 186. The plaintiffs are barred by 20 years laches. Supra. The cases cited by appellant defeat their contention as to the statute of…

1Opinion of the CourtWo on, J.

T. P. Turner died about the year 1894. He left surviving him a widow and several children by her and of former marriages. S. H. Turner and George Turner, two of his children, were appointed administrators of his estate. He was seized of 250 acres of land, 190 acres of this were set apart to the widow as her homestead and dower. The remaining 60 acres were barren and rocky land which separate and apart from the other lands was of little if any value. Turner also left some personal property.

In 1895 and 1896 claims were presented and allowed against the estate in the sum of $535.15. ' The…

2Cases cited7 opinions

  1. Stewart v. SmileySupreme Court of Arkansas · 1885
  2. Brown v. HanauerSupreme Court of Arkansas · 1886
  3. Roth v. HollandSupreme Court of Arkansas · 1892
  4. Brogan v. BroganSupreme Court of Arkansas · 1897
  5. Graves v. PinchbackSupreme Court of Arkansas · 1886

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

3Cited by3 opinions

  1. Hart v. WimberlySupreme Court of Arkansas · 1927
  2. Field v. TynerSupreme Court of Arkansas · 1924
  3. Brewer v. WilsonSupreme Court of Arkansas · 1932

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