Clements v. Cates
Supreme Court of Arkansas
APPEAL from Prairie Circuit Court in Chancery. M. T. Sanders, Judge. 1. Samuel Clement having no title, none descended to his heirs, and they were in' no sense co-tenants, nor was there any relation of trust between them, r Perry Trusts, sec. 13; ib., secs. 2‡, 25, 26, 27. Neither the heirs nor their ancestor had any title, and there could be no relation of co-tenancy. 2. Appellees are barred by the statute of limitations of seven years.
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APPEAL from Prairie Circuit Court in Chancery. M. T. Sanders, Judge. 1. Samuel Clement having no title, none descended to his heirs, and they were in' no sense co-tenants, nor was there any relation of trust between them, r Perry Trusts, sec. 13; ib., secs. 2‡, 25, 26, 27. Neither the heirs nor their ancestor had any title, and there could be no relation of co-tenancy. 2. Appellees are barred by the statute of limitations of seven years. Appellant and appellees were co-tenants by descent. Appellees acquired title by adverse possession against Joseph Boydson, the adult heir, and appellant as a…
1Opinion of the CourtBattle, J.
In January, 1852, Benjamin A. Boydson died seized and possessed of certain land in Prairie county, in this State. He died intestate, leaving surviving him Jane Boyd-son, his widow, and Joseph, Sarah Ann and Andrew Jackson Boydson, his only heirs and distributees at law. Jane, his widow, intermarried with Willis Price, who, on the 7th of October, 1857, after his marriage, attempted to convey the land, by warranty deed, to James A. Hunter. Price’s wife joined with him in the execution of the deed, and thereby undertook to relinquish her dower in the land to Hunter. On the 26th of November…
2Cases cited3 opinions
- Venable v. BeauchampCourt of Appeals of Kentucky · 1835
- Mandeville v. SolomonCalifornia Supreme Court · 1870
- Sneed's Heirs v. AthertonCourt of Appeals of Kentucky · 1838
3Cited by28 opinions
- Probst v. HughesSupreme Court of Oklahoma · 1930
- Rees v. BriscoeSupreme Court of Oklahoma · 1957
- Hendrix v. HendrixSupreme Court of Arkansas · 1974
- Inman v. QuireySupreme Court of Arkansas · 1917
- Skalla v. CanepariSupreme Court of Arkansas · 2013
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