Spradling v. Spradling
Supreme Court of Arkansas
Appeal from Cleburne Chancery Court; George T. Humphries, Chancellor; 1. The demurrer should have been sustained for want of jurisdiction in the chancery court to grant relief to the holder of the equitable title against the holder of the legal title who is in adverse possession. 72 Ark. 256. It should also have been sustained because the complaint does not state facts sufficient to constitute a cause of action, there' being no allegation of fraud, coercion or undue…
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Appeal from Cleburne Chancery Court; George T. Humphries, Chancellor; 1. The demurrer should have been sustained for want of jurisdiction in the chancery court to grant relief to the holder of the equitable title against the holder of the legal title who is in adverse possession. 72 Ark. 256. It should also have been sustained because the complaint does not state facts sufficient to constitute a cause of action, there' being no allegation of fraud, coercion or undue influence in the procurement of the deeds. 75 Ark. 127. 2. The evidence is insufficient to establish a resulting trust, but on…
1Opinion of the CourtFrauenthal, J.
This was an action in equity instituted by Jan Spradling, the plaintiff below, originally against his father, H. H. Spradling, seeking to have him declared a trustee of certain lands for his benefit, and to divest him of the title thereof and invest same in the plaintiff. The complaint in substance alleged that the land in controversy was the property of plaintiff’s mother, who inherited it from her father, Calvin Kendall. Calvin Kendall died in 1866, owning about six hundred acres of land, and left surviving him five children, amongst whom was the mother of plaintiff, named Emily, who…
2Cases cited7 opinions
- Salyers v. SmithSupreme Court of Arkansas · 1900
- Kline v. RaglandSupreme Court of Arkansas · 1886
- Bland v. TalleySupreme Court of Arkansas · 1887
- Grayson v. BowlinSupreme Court of Arkansas · 1902
- Hannaford v. DowdleSupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- J.W. Reynolds Lumber Co. v. Smackover State BankSupreme Court of Arkansas · 1992
- Harbour v. HarbourSupreme Court of Arkansas · 1912
- Ramsey v. RamseySupreme Court of Arkansas · 1975
- O'Connor v. PattonSupreme Court of Arkansas · 1926
- Winchel v. CraigCourt of Appeals of Arkansas · 1996
33 more not listed; retrieve them via the Exa API.