Georgia State Savings Ass'n v. Dearing
Supreme Court of Arkansas
Appeal from Union Chancery Court; J. M. Barker, Chancellor; 1. As the statute of nonclaim had run prior to the accruing of the cause of action under the covenants of warranty, plaintiff had a valid claim against the heirs to the extent of such amounts as they may have received from the estate of their ancestors. 14 Ark. 246; 32 Id. 714; 78 Id. 531. Each of the heirs received an amount from the estate in excess of plaintiff’s claim.
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Appeal from Union Chancery Court; J. M. Barker, Chancellor; 1. As the statute of nonclaim had run prior to the accruing of the cause of action under the covenants of warranty, plaintiff had a valid claim against the heirs to the extent of such amounts as they may have received from the estate of their ancestors. 14 Ark. 246; 32 Id. 714; 78 Id. 531. Each of the heirs received an amount from the estate in excess of plaintiff’s claim. Defendants assumed the debt and a deduction was made from the price or consideration pro rata, and all became personally liable. 42 Ark. 197, 301; 47 Id. 317; 59…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1) It is first contended by counsel for appellant that under section 733 of Kirby’s Digest the deed from H. L. Dearing, Jr., conveyed to Minnie I. Dearing a fee simple title in the acre of land in El Dorado involved in this suit. The granting clause in the deed was to Minnie I. Dearing and the habendum clause,was “to the said Minnie I. Dearing and her heirs by me of her body born or that may be hereafter to us born, in fee simple forever.” They claim that the granting clause is to Mrs. Dearing and that there are no appropriate words limiting her estate and…
2Cases cited5 opinions
- Hardage v. StroopeSupreme Court of Arkansas · 1893
- Dempsey v. DavisSupreme Court of Arkansas · 1911
- Little Rock Railway & Electric Co. v. DowellSupreme Court of Arkansas · 1911
- Thomas Manufacturing Co. v. PratherSupreme Court of Arkansas · 1898
- McDill v. MeyerSupreme Court of Arkansas · 1910
3Cited by12 opinions
- Pletner v. Southern Lumber Co.Supreme Court of Arkansas · 1927
- Eversmeyer v. McCollumSupreme Court of Arkansas · 1926
- Lesser-Goldman Cotton Co. v. FletcherSupreme Court of Arkansas · 1922
- Southern Surety Company v. PhillipsSupreme Court of Arkansas · 1930
- Gray v. McGuireSupreme Court of Arkansas · 1919
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