Trotter v. Neal
Supreme Court of Arkansas
APPEAL from Scott Circuit Court. It. B. Ruthjsepoed, Judge. 1. Wiley Tomlinson was a tenant in common, and his holding during his father’s life was as tenant of the father, and, subsequently, for the benefit of himself and co-heirs, and the statute' of limitations1 would not operate in his favor. 20 Arh., 547; 42 Id., 289; 48 Id., 135. 2. There was do confirmation of the sale to Robertson, as there could be no special judge by consent. 89 Arh., 254; 42 Id., 126; 45 Id., 480.…
Read the full summary
APPEAL from Scott Circuit Court. It. B. Ruthjsepoed, Judge. 1. Wiley Tomlinson was a tenant in common, and his holding during his father’s life was as tenant of the father, and, subsequently, for the benefit of himself and co-heirs, and the statute' of limitations1 would not operate in his favor. 20 Arh., 547; 42 Id., 289; 48 Id., 135. 2. There was do confirmation of the sale to Robertson, as there could be no special judge by consent. 89 Arh., 254; 42 Id., 126; 45 Id., 480. • 3. There being no confirmation, the sale was void and no title passed to the purchaser. 23 Arh.. 39 ; 32 Id., 391; 34…
1Opinion of the CourtBattle, J.
This action was brought by appellants against appellees to recover one.undivided half of certain lands in Scott county. Both parties claim under Joseph J. Tomlin-son, deceased. Appellants claim under his will; and appel-lees that he, in his lifetime, gave it to his son, Wiley A. Tomlinson, and that Wiley died, and that it was sold to pay the debts against his estate and purchased by Calvin H. Robertson, who, thereafter, died intestate, leaving appellees his only heirs.
Much evidence was introduced in the trial to show that-the land in controversy was given by Joseph J. to his son, Wiley; and…
2Cases cited2 opinions
- Clark v. GilbertSupreme Court of Connecticut · 1872
- Commonwealth v. GibsonCourt of Appeals of Kentucky · 1887
3Cited by9 opinions
- Titan Oil & Gas, Inc. v. ShipleySupreme Court of Arkansas · 1975
- Ex parte SweeneyIndiana Supreme Court · 1891
- Brasch v. MumeySupreme Court of Arkansas · 1911
- Ward v. CochranCourt of Appeals for the Eighth Circuit · 1895
- Pease v. WhitneySupreme Court of New Hampshire · 1916
4 more not listed; retrieve them via the Exa API.