White v. White
Supreme Court of Arkansas
APPEAL from Washington Circuit Court in Chancery. J. M. Pittman, Judge. William J. White brought an action of ejectment against his father, J. S. White, to recover a tract of land, claiming-title thereto under a conveyance executed to him in the year 1874 by E. D. Ham.
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APPEAL from Washington Circuit Court in Chancery. J. M. Pittman, Judge. William J. White brought an action of ejectment against his father, J. S. White, to recover a tract of land, claiming-title thereto under a conveyance executed to him in the year 1874 by E. D. Ham. The defendant interposed the statute of limitations as a bar to the action, and set up as a further defense that he paid all the purchase money for the land and that the conveyance to the plaintiff was in trust for his benefit. His answer was made a cross-complaint, by which he prayed-' for a decree divesting the plaintiff of…
1Per curiam
Advancement: Statute of Limitations. The presumption of the law is that the purchase of the land in controversy was by way of advancement to the son. Robinson v. Robinson, 43 Ark., 481. The proof does not overcome this presumption.
The statute of limitations does not aid defendant under the facts of this case. The oceupancy of .each was with reference to parental and filial duty. White and Tudot’s Leading Cases in Eq., vol. 1, pt. 1, p. 331; Sidmouth v. Sidmouth, 2 Beavans, 447.
The decree is reversed with costs, and the cause remanded with direction to the Washington Circuit Court to enter a…
2Cited by10 opinions
- Festinger v. KantorSupreme Court of Arkansas · 1981
- O'Hair v. O'HairSupreme Court of Arkansas · 1905
- Cotton v. Citizens' BankSupreme Court of Arkansas · 1911
- Rhea v. BagleySupreme Court of Arkansas · 1897
- Jackson v. RichardsonSupreme Court of Arkansas · 1930
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