Johnson v. Phillips
Supreme Court of Arkansas
Appeal from Craighead Chancery Court; George T. Humphries, Chancellor; 1. Where land is purchased and paid for by property of the wife, and the deed taken in the name of the husband, the latter holds as trustee for the wife. 47 Ark. in.
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Appeal from Craighead Chancery Court; George T. Humphries, Chancellor; 1. Where land is purchased and paid for by property of the wife, and the deed taken in the name of the husband, the latter holds as trustee for the wife. 47 Ark. in. The evidence is conclusive that Mrs. Edwards claimed to own the land and remained in possession under such claim from the time she and her husband, Phillips, took possession in 1880. If the conveyance from McCarty was void, and had ripened into title, it was her title, and not the title of Phillips’s heirs. 74 Ark. 81. 2. Under the statute of descents and…
1Opinion of the Court
Hiü, C. J.
J. A. Phillips died intestate in 1884 in possession of the land in controversy. He left surviving him his widow, Malinda J., and three children. His widow married Houston, and of that marriage were born two children. Houston died, and she married Edwards, and died while this suit was pending.
Two of the Phillips children died in infancy; Elizabeth Phillips alone surviving. She married Nelson, and one child, Elizabeth, was born of that union. Both she and her husband died, leaving this child their heir, and subsequently the child died.
This is a suit brought by the brother and sister…
2Cases cited2 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Oliver v. VanceSupreme Court of Arkansas · 1879
3Cited by6 opinions
- Barton v. WilsonSupreme Court of Arkansas · 1915
- Cupp v. Frazier's HeirsSupreme Court of Arkansas · 1965
- Chastain v. LarneySupreme Court of Oklahoma · 1928
- Bonewell v. SmithSupreme Court of Virginia · 1917
- Carter v. CarterSupreme Court of Arkansas · 1917
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