Killeam v. Carter
Supreme Court of Arkansas
Appeal from Logan Circuit Court Jephtha H. Evans, Judge. The right of entry, in the heirs, accrued on the widow’s abandonment.
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Appeal from Logan Circuit Court Jephtha H. Evans, Judge. The right of entry, in the heirs, accrued on the widow’s abandonment. The widow waived her homestead by failing to claim it in the probate proceeding. 33 Ark. 399; 48 Ark. 230, and cases cited; 136 Mass. 286. When the widow abandons the homestead, the period of limitation begins to run against the remainderman. 53 Ark. 403; Dembitz on Land Titles, p. 1354; 55 Ark. 562; ib. 572; 11 S. W. 809; Kerr, Beal Property, §§ 562, 1878. Appellees had but one right of entry— that by inheritance- — and this is barred by the seven year statute. 62…
1Opinion of the CourtWood, J.
Jeremiah Carter died in 1863, seized of 160 acres of land, which constituted his homestead. Several years thereafter, 106| acres of this land was sold by order of the probate court in a proceeding to which the widow of Carter and his heirs were made parties. In this proceeding, the remaining 53^ acres were set apai’t to the widow as dower. Upon this latter portion was situate the mansion house in which Carter lived at the time of his death, and in which she and the minor children continued to live, — she until her death in 1891, and they presumably until of age.
The children had all become of…
2Cited by14 opinions
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Champion v. WilliamsSupreme Court of Arkansas · 1924
- Griffin v. DunnSupreme Court of Arkansas · 1906
- Maloney v. McCulloughSupreme Court of Arkansas · 1949
- Fletcher v. JosephsSupreme Court of Arkansas · 1912
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