McGinnis v. Less
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court, Eastern District; Lyman F. Reeder, Judge; 1. The demurrer should have been overruled and the cause submitted on the question of an accounting by the Less heirs to plaintiffs for the rents collected by their ancestor and same applied to the satisfaction of the vendor notes, because (1) the adverse possession, if same is adverse, commenced when Less took possession; the plaintiffs were all minors, and laches could not bar their rights; (2)…
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Appeal from Lawrence Chancery Court, Eastern District; Lyman F. Reeder, Judge; 1. The demurrer should have been overruled and the cause submitted on the question of an accounting by the Less heirs to plaintiffs for the rents collected by their ancestor and same applied to the satisfaction of the vendor notes, because (1) the adverse possession, if same is adverse, commenced when Less took possession; the plaintiffs were all minors, and laches could not bar their rights; (2) being a homestead and no abandonment by the widow, limitation did not run; (3) possession being taken by the holder of…
1Opinion of the CourtMcCulloch, C. J.
Appellant, Ellen McGinnis, is the widow of T. J. McGinnis, who departed this life intestate in the year 1898, and the other appellants are grandchildren and heirs at law of said T. J. McGinnis. On April 16, 1898, Isaac Less sold and conveyed to T. J. McGinnis a tract of land containing 160 acres in Lawrence County, for the price of $2,500, evidenced by ten promissory notes due and payable annually for ten years after that date, with interest at the rate of ten per cent, per annum. The deed contained the following clause:
“To have and to hold the same unto the said T. J. McGinnis and unto his…
2Cited by7 opinions
- McGinty v. Ballentine Produce, Inc.Supreme Court of Arkansas · 1966
- Wheeler v. Southwestern Greyhound Lines, Inc.Supreme Court of Arkansas · 1944
- Cullins v. WebbSupreme Court of Arkansas · 1944
- Freer v. LessSupreme Court of Arkansas · 1923
- Burns v. BurnsSupreme Court of Arkansas · 1940
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