Plumlee v. Bounds
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Thomas C. Trimble, Judge; STATEMENT BY THE COURT. On the 6th day of November, 1914, R. A. Plumlee and J. H. Plumlee, Jr., instituted- this action in the circuit court .against T. D. Bounds, H. C. Harris, H. E. Hearon, J. B. May and John S. Black, doing business under the firm name of May & Black, to set aside- a sale of certain lands under execution.
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Appeal from Monroe Circuit Court; Thomas C. Trimble, Judge; STATEMENT BY THE COURT. On the 6th day of November, 1914, R. A. Plumlee and J. H. Plumlee, Jr., instituted- this action in the circuit court .against T. D. Bounds, H. C. Harris, H. E. Hearon, J. B. May and John S. Black, doing business under the firm name of May & Black, to set aside- a sale of certain lands under execution. The plaintiffs allege a state of facts -substantially as follows: J. B. May and John S. Black, partners as May & Black, recovered, a judgment in the circuit court against R. A. Plumlee, J. II. Plumlee, Jr., T. D.…
1Opinion of the Court
Hart, J.,
(.after stating the facts). (1) It is conceded by counsel for the plaintiffs that under the rule announced in the cases of Horsley v. Hilburn, 44 Ark. 458, and Watson v. Wolff-Goldman Realty Co., 95 Ark. 18, that Lucinda Plumlee had a life estate in the lands in question and that plaintiffs only had a contingent remainder therein.
It is ¡contended by ¡counsel for the defendant that under the sixth subdivision of section 3228 of Kirby’s Digest a contingent remainder ¡can be sold under execution.
In 17 Cyc. 951-2, is .said that the doctrine is well established that a vested remainder is…
2Cases cited2 opinions
- Horsley v. HilburnSupreme Court of Arkansas · 1884
- Watson v. Wolff-Goldman Realty Co.Supreme Court of Arkansas · 1910
3Cited by4 opinions
- Liberty Central Trust Co. v. VaughanSupreme Court of Arkansas · 1925
- Adams, Ex'r v. Dugan, SheriffSupreme Court of Oklahoma · 1945
- Mid-America Corporation v. GeismarSupreme Court of Oklahoma · 1963
- Peebles v. GarlandSupreme Court of Arkansas · 1952