Moore v. Childress
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Elliott, Judge. 1. During the life of the tenant by curtesy the appellants only had a remainder interest, and the statute of limitations does not run against the remainderman during' the existence of the tenancy by curtesy. 15 Am. Dec. 433 ; 33 id. 157; 39 id. 165 ; 55 N. Y. 451; 4 Johns. 390; 6 Cush. 34; 2 Cush. 269; 31 Pa.
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Appeal from Jefferson Circuit Court. John M. Elliott, Judge. 1. During the life of the tenant by curtesy the appellants only had a remainder interest, and the statute of limitations does not run against the remainderman during' the existence of the tenancy by curtesy. 15 Am. Dec. 433 ; 33 id. 157; 39 id. 165 ; 55 N. Y. 451; 4 Johns. 390; 6 Cush. 34; 2 Cush. 269; 31 Pa. St. 94; 35 Ark. 84. 2. There can be no possession adverse to the remainderman until the death of the tenant by curtesy. 16 So. Car. 226; 29 Mo. 176; 30 N. J. 21; Shars. & Budd. L. C. Real Prop. vol. 2, p. 396; 43 Ark. 427;…
1Opinion of the CourtBunn, C. J.
This is an action of ejectment, instituted in the Jefferson circuit court by the appellee against appellants, on July 16, 1889, and trial by the court, sitting as a jury by consent, on the 19th day of June, 1891, and judgment for plaintiff for the lands in controversy, and for rents for the years 1887, 1888, 1889 and 1890 at the rate of $120 per year, and in the aggregate in the sum of $480. Exceptions reserved. Bill of exceptions tendered and certified, and appeal taken.
Terrence Farrelly, Sr., was the owner in fee, from the State and Federal governments, of the following lauds, to-wit: The…
2Cases cited2 opinions
- Banks v. GreenSupreme Court of Arkansas · 1879
- Morris v. EdmondsSupreme Court of Arkansas · 1884
3Cited by10 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Watson v. HardinSupreme Court of Arkansas · 1910
- LeSieur v. SpikesSupreme Court of Arkansas · 1915
- Smith v. MaberrySupreme Court of Arkansas · 1921
- Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
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