Davis v. Davis
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; No issue was raised as to improvements, either in the pleadings or evidence. Hence the court was without power to render judgment for improvements. 1 Black on Judgments, 2d Ed. 183; 15 S. W. 870; 133 Cal. 228; 40 S. W. 1041; 51 S. W. 337; 32 S. W. 250. The value of improvements can be recovered only by those claiming under color of title.
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Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; No issue was raised as to improvements, either in the pleadings or evidence. Hence the court was without power to render judgment for improvements. 1 Black on Judgments, 2d Ed. 183; 15 S. W. 870; 133 Cal. 228; 40 S. W. 1041; 51 S. W. 337; 32 S. W. 250. The value of improvements can be recovered only by those claiming under color of title. Kirby’s Dig., § § 2751-2754; 59 Ark. 144; 47 Ark. 62; Id. 528; 53 Ark. 545. The instrument referred to as the will -of E. J. Davis is not established as such by the evidence. 80 Ark. 204;…
1Opinion of the CourtBattle, J.
William Davis, Eliza J. Davis, Oscar E. Davis, Lelia A. Beauchamp and Ella B. Davis, William being the father, and Eliza J. Davis being the mother, of the other three, constituted one family. Discord reigned among them. Father and children lost respect for, and confidence in, each other, and indulged in disparagement; and paternal feeling and filial love and affection seemed for awhile to have departed from their midst. Finally the mother died, and was buried, and the children made ready to depart, and the old man softened, and invited them to remain with him in the old homestead, and they…
2Cases cited7 opinions
- Pillow v. SentelleSupreme Court of Arkansas · 1887
- Terry v. RosellSupreme Court of Arkansas · 1877
- Myers v. HawkinsSupreme Court of Arkansas · 1900
- Hall v. Wellman Lumber Co.Supreme Court of Arkansas · 1906
- Haggart v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1906
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3Cited by3 opinions
- Fletcher v. PfeiferSupreme Court of Arkansas · 1912
- Penix v. PumphreySupreme Court of Arkansas · 1916
- Davis v. BeauchampSupreme Court of Arkansas · 1911