Evans v. Russ
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John E. Martineau, Chancellor; 1. Appellants were entitled to a reformation of the deed. 102 Ark. 83; 142 S. W. 595. They are not barred by laches. 98 Ark. 23; 135 S. W. 453. ■ 2. They are entitled to recover by adverse possession begun by their mother and continued after her death by her husband, their father by his curtesy estate. 98 Ark. 30; 38 Miss. 359; 194 S. W. 19. They are not barred being under coverture.
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Appeal from Lonoke Chancery Court; John E. Martineau, Chancellor; 1. Appellants were entitled to a reformation of the deed. 102 Ark. 83; 142 S. W. 595. They are not barred by laches. 98 Ark. 23; 135 S. W. 453. ■ 2. They are entitled to recover by adverse possession begun by their mother and continued after her death by her husband, their father by his curtesy estate. 98 Ark. 30; 38 Miss. 359; 194 S. W. 19. They are not barred being under coverture. Kirby’s Digest, § 5056; 35 Ark. 84. 3. They are not barred by laches. 84 Ark. 19; 115 S. W. 931; 67 Ark. 320; 94 Id. 122; 108 Id. 248; 70 Id. 371.…
1Opinion of the Court
HART, J.,
(after stating the facts). (1) It is conceded that the description under which G. W. Harkins attempted to convey the land in question to his wife, S. A. Harkins, was so indefinite as to render it void under the rule laid down by the decisions of this court. Smith v. Smith, 80 Ark. 458; Adams v. Edgerton, 48 Ark. 419; Colonial & U. S. Mtg. Co. v. Lee, 95 Ark. 253.
Counsel for the plaintiffs, however, claim title by adverse possession under the authority of Stricklin v. Moore, 98 Ark. 30. In that case the allegations of the complaint were that the wife held the land adversely from the…
2Cases cited6 opinions
- Neas v. Whitener-London Realty Co.Supreme Court of Arkansas · 1915
- Smith v. SmithSupreme Court of Arkansas · 1906
- Stricklin v. MooreSupreme Court of Arkansas · 1911
- Adams v. EdgertonSupreme Court of Arkansas · 1886
- Colonial & United States Mortgage Co. v. LeeSupreme Court of Arkansas · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Flanagan v. RaySupreme Court of Arkansas · 1921
- Cunningham v. DellmonSupreme Court of Arkansas · 1922
- McClelland v. McClellandSupreme Court of Arkansas · 1951
- Rice v. Welch Motor Co.Court of Appeals of Arkansas · 2006
- Bunch v. CroweSupreme Court of Arkansas · 1918
1 more not listed; retrieve them via the Exa API.