Legal Opinion

Waits v. Moore

Supreme Court of Arkansas

Decided January 18, 1909PublishedCited by 18 opinions

Appeal from Washington Chancery Court; T. H. Humphreys, Chancellor; There is nothing in the evidence to show that appellant knew of her rights, or had any information with reference to them until a few days before she proceeded to assert them. In view of the unfortunate situation of this appellant, to presume that she should have had such knowledge would be unreasonable and inequitable. The doctrine of- laches and estoppel does not apply here. 6 Am.

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Appeal from Washington Chancery Court; T. H. Humphreys, Chancellor; There is nothing in the evidence to show that appellant knew of her rights, or had any information with reference to them until a few days before she proceeded to assert them. In view of the unfortunate situation of this appellant, to presume that she should have had such knowledge would be unreasonable and inequitable. The doctrine of- laches and estoppel does not apply here. 6 Am. Rep. 112; 62 Ark. 316; 102 U. S. 87; 10 Ark. 212; 43 Ark. 21. 1. The finding by the chancellor £hat appellant had notice of the conveyance by her…

1Opinion of the CourtBattle, J.

On the 18th day of May, 1906, Mary F. Waits brought suit in the Washington Chancery Court against Oscar Moore, Melvin Moore and William Moore, and for cause of action against them alleged in her complaint as follows:

On the 8th day of November, 1872, John D. Moore, the father of plaintiff and Melvin and William Moore, being the owner of the east half of the northwest quarter of section thirty-two, in township fifteen north, and in range thirty-two west, and in Washington County, Arkansas, conveyed it, except twenty acres, to plaintiff by deed which is of record in the recorder’s office of…

2Cases cited8 opinions

  1. Wiser v. LawlerSupreme Court of the United States · 1903
  2. Ringo v. WoodruffSupreme Court of Arkansas · 1884
  3. Simpson v. BiffleSupreme Court of Arkansas · 1896
  4. Miller v. FraleySupreme Court of Arkansas · 1861
  5. Chatfield v. Iowa & Arkansas Land Co.Supreme Court of Arkansas · 1908

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3Cited by18 opinions

  1. Brownrigg v. DefreesCalifornia Supreme Court · 1925
  2. Holland v. BlanchardCourt of Appeals of Texas · 1924
  3. Davis v. HarrellSupreme Court of Arkansas · 1911
  4. Lesser v. ReevesSupreme Court of Arkansas · 1920
  5. Union Sawmill Co. v. PaganSupreme Court of Arkansas · 1927

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