Jackson v. Wolfe
Supreme Court of Arkansas
Appeal from Desha Circuit Court; W. B. Sorrells, Judge; 1. The demurrer should have been overruled. The court should have heard the evidence. Adair intended to describe the north half, and it was a mistake of the scrivener in inserting the south half. The complaint, as amended, stated a good cause of action.
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Appeal from Desha Circuit Court; W. B. Sorrells, Judge; 1. The demurrer should have been overruled. The court should have heard the evidence. Adair intended to describe the north half, and it was a mistake of the scrivener in inserting the south half. The complaint, as amended, stated a good cause of action. The will has been construed and appellant was held a remainderman ’and entitled to the property at her mother’s death. 116 Ark. 233. She was a tenant in common with appellees who are wrongfully in possession. 53 Ark. 449; 79 Id. 532. If she can show by proof that the donor’s intention to…
1Opinion of the Court
McCulloch, C. J.(1) This suit involves a controversy concerning the title to a tract of land in Desha county described as the north half of the northwest quarter of Section 21, in Township 11 south, Range 3 west, and was originally owned by Isaac Adair, now deceased, and through him the plaintiff claims title. The tract of land in controversy constituted the homestead of Isaac Adair, and he owned other lands besides that tract. He died about the year 1887, leaving a last will and testament, which failed to describe the lands in controversy but by which he devised the south half of the…
2Cases cited2 opinions
- Eagle v. OldhamSupreme Court of Arkansas · 1915
- Rogers v. OgburnSupreme Court of Arkansas · 1915
3Cited by5 opinions
- Nelson v. HallSupreme Court of Arkansas · 1926
- Brunk v. Merchants National BankSupreme Court of Arkansas · 1950
- Howard v. HowardSupreme Court of Arkansas · 1922
- Wells v. SmithSupreme Court of Arkansas · 1939
- Hardy v. PorterSupreme Court of Arkansas · 1968