Anthony v. Sills
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; B. E. Jeffery, Judge; statement by the court. This was an action in ejectment and the complaint contained the following allegations: That the plaintiff, Theresa Sills, is the widow of William Simmons, deceased, and is not the owner of a homestead in her own right.
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Appeal from Jackson Circuit Court; B. E. Jeffery, Judge; statement by the court. This was an action in ejectment and the complaint contained the following allegations: That the plaintiff, Theresa Sills, is the widow of William Simmons, deceased, and is not the owner of a homestead in her own right. That plaintiff Lilly Bang is a daughter, and one of the heirs at law, of William Simmons, deceased, and is now nineteen years of age, and is entitled to a sixth interest in the rents and profits of the homestead of the said deceased William Simmons; and is the owner of an undivided one-seventh…
1Opinion of the Court
Smith, J.,
(after stating the facts). We think appellants should have been allowed to verify their answer, by stating that they believed its recitals to be true. (Kirby’s Digest, § 6120.) The court sustained the motion to require the answer to be verified; but it does not appear that the complaint was dismissed, because that order was not complied with. Upon the contrary, it appears that after making this order, a demurrer was heard and sustained. No useful purpose could have been subserved by verifying a demurrable answer. Appellees say the answer was demurrable, because it pleads only…
2Cases cited9 opinions
- Smith v. HollisSupreme Court of Arkansas · 1885
- Norman v. FifeSupreme Court of Arkansas · 1895
- Steck v. MaharSupreme Court of Arkansas · 1871
- Union County v. SmithSupreme Court of Arkansas · 1879
- Douglass v. FlynnSupreme Court of Arkansas · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Burns v. HarringtonSupreme Court of Arkansas · 1924
- Baucum v. WatersSupreme Court of Arkansas · 1916
- Davis v. McCandlessSupreme Court of Arkansas · 1917
- Baker v. StateSupreme Court of Arkansas · 1928
- Branscumb v. WhitakerSupreme Court of Arkansas · 1950