Lumpkins v. Johnson
Supreme Court of Arkansas
Appeal from Randolph Circuit Court. John B. McCaleb, Judge. STATEMENT BY THE COURT. The appellant brought suit in ejectment to recover of appellee one-fifth of the R. ¶ of the S. W. | of section 12, township 19 north, range 2 east, and claimed title by inheritance from her grandfather.
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Appeal from Randolph Circuit Court. John B. McCaleb, Judge. STATEMENT BY THE COURT. The appellant brought suit in ejectment to recover of appellee one-fifth of the R. ¶ of the S. W. | of section 12, township 19 north, range 2 east, and claimed title by inheritance from her grandfather. The answer admitted that appellant inherited the land from her grandfather, but claimed title by purchase of appellant’s one-fifth at sale of same by her guardian, under order of the probate court of Randolph county, and exhibits his deed made by appellant’s guardian, duly acknowledged and recorded; also…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The guardian’s sale, without confirmation by the probate court, passed no title. There is no evidence of open, notorious, adverse and uninterrupted possession for the period of seven years. The five years statute does not apply, as there' was no sale, until the same was approved by the probate court. Reversed, and remanded for a new trial.
2Cited by7 opinions
- Eaves v. MullenSupreme Court of Oklahoma · 1910
- Cowling v. NulsonSupreme Court of Arkansas · 1905
- Spade v. MortonSupreme Court of Oklahoma · 1911
- Indiana & Arkansas Lumber & Mfg. Co. v. MilburnCourt of Appeals for the Eighth Circuit · 1908
- Shinault v. WellsSupreme Court of Arkansas · 1945
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