Sparkman v. Roberts
Supreme Court of Arkansas
Appeal from Randolph Circuit Court. John B. McCaeeb, Judge. 1. The first instruction given for appellee was too general. 2. The second was error, for there was no evidence to support it. 24 Ark. 251; 29 id. 151; 36 id. 641; 50 id. 506 ; 2 Thompson on Trials, 2321. 3. It is error to give contradictory instructions, and the second for appellee and the seventh for appellants are wholly contradictory. 26 S. W. 591.. 4. Appellee was entitled to nothing for board, clothing and…
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Appeal from Randolph Circuit Court. John B. McCaeeb, Judge. 1. The first instruction given for appellee was too general. 2. The second was error, for there was no evidence to support it. 24 Ark. 251; 29 id. 151; 36 id. 641; 50 id. 506 ; 2 Thompson on Trials, 2321. 3. It is error to give contradictory instructions, and the second for appellee and the seventh for appellants are wholly contradictory. 26 S. W. 591.. 4. Appellee was entitled to nothing for board, clothing and tuition of the children, as they did work enough to pay for them. 16 S. W. 358. Again, there was no evidence as to the…
1Opinion of the CourtBattle, J.
In 1883, D. H. Sparkman died intestate, seized and possessed of certain land, which he used and occupied as his homestead. He left surviving him a widow and five minor children, three of whom are appellants in this case. In 1885 the widow intermarried with J. C. Roberts, who immediately took possession of the homestead, and used and occupied it until he secured a divorce from his wife in 1892, a period of about seven years. In that time he made many valuable improvements on the land, and the children remained with and labored for him ; the services performed by them being worth as much as…
2Cases cited1 opinion
- Reynolds v. ReynoldsSupreme Court of Arkansas · 1892
3Cited by5 opinions
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
- Wood v. ClaiborneSupreme Court of Arkansas · 1907
- Swindle v. RogersSupreme Court of Arkansas · 1934
- Henderson v. HendersonSupreme Court of Arkansas · 1947
- Drennan v. McCarthy, GuardianSupreme Court of Arkansas · 1948