Falls v. Wright
Supreme Court of Arkansas
APPEAL from Sevier Circuit Court. Rufus D. Hearn, Judge. 1. As the petition for dower did not include this tract, the judgment of the probate court assigning her dower was void. 2. There being no life estate intervening, the statute commenced to run from the date of the sale, and appellee is barred. 48 Ark., 230. 1. The failure to include the land in the petition.for dower did not affect the judgment.
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APPEAL from Sevier Circuit Court. Rufus D. Hearn, Judge. 1. As the petition for dower did not include this tract, the judgment of the probate court assigning her dower was void. 2. There being no life estate intervening, the statute commenced to run from the date of the sale, and appellee is barred. 48 Ark., 230. 1. The failure to include the land in the petition.for dower did not affect the judgment. The court had jurisdiction, and its confirmation of the commissioner’s report was sufficient. The appellee’s right did not accrue until the expiration of the life estate. 53 Ark., 400; 42 id.,…
1Opinion of the CourtHughes, J.
The appellee brought this suit in ejectment to recover the northwest quarter of northeast quarter of section 1, in township 11 south, range 30 west. He deraigned title by inheritance from his father, James Wright, who died in 1869 in possession and occupancy of the land as a part of ' his homestead.
The appellants claimed title to the land by deed from one Wallace and an administrator’s deed to Wallace, made pursuant to a sale by the administrators of the estate of James Wright, which was made by order of the probate court ■directing the sale of a pre-emption right to enter the land .as swamp…
2Cases cited1 opinion
- Corwithe v. GriffingNew York Supreme Court · 1855
3Cited by4 opinions
- Cowling v. NulsonSupreme Court of Arkansas · 1905
- Mason v. StateSupreme Court of Arkansas · 2005
- Michaelson v. City of SeattleWashington Supreme Court · 1911
- Riffle v. Sioux City & Rock Springs Coal Mining Co.Wyoming Supreme Court · 1912