Field v. Morris
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; Charles Coffin, Judge; STATEMENT BY THE COURT. In February, 1892, John Darter and his wife (the latter relinquishing dower) conveyed a .tract of land in Lawrence County, Arkansas, to W. A. Townsend.
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Appeal from Lawrence Circuit Court; Charles Coffin, Judge; STATEMENT BY THE COURT. In February, 1892, John Darter and his wife (the latter relinquishing dower) conveyed a .tract of land in Lawrence County, Arkansas, to W. A. Townsend. The grantors made the following reservation: “Reserving to ourselves the use of one and one-half acres free of rent where the mill and gin stands in southwest corner of said tract, with the privilege of removing buildings and machinery therefrom, * * * and we are to have the use of one and one-half acres free of rent as long as we or others holding under us may…
1Opinion of the Court
Wood, J.,
(after stating the facts). The only question presented by this appeal is whether or not appellee had the right to remove the house and machinery from the land.
The reservation in- Darter’s deed- gave him and tenants under him the right to hold as long as Darter lived. When Darter died, the right to hold the land by any one claiming under him was extinguished. Such was the effect of the holding of this court on the former appeal, where we said: “The deed says, ‘as long as we or others holding under us may want to use same for running machinery at said point.’ The last quotation from…
2Cases cited2 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Markle v. StackhouseSupreme Court of Arkansas · 1898
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- Barnes v. JeffusSupreme Court of Arkansas · 1927
- In Re Factory Homes CorporationDistrict Court, W.D. Arkansas · 1971
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