18 S.W. 377 (Ark. 1892), Reynolds v. Reynolds
|Citation:||18 S.W. 377, 55 Ark. 369|
|Opinion Judge:||HUGHES, J.|
|Party Name:||REYNOLDS v. REYNOLDS|
|Attorney:||J. C. Hawthorne for appellant. P. H. Crenshaw and S. A. D. Eaton for appellee.|
|Case Date:||January 23, 1892|
|Court:||Supreme Court of Arkansas|
CROSS-APPEALS from Randolph Circuit Court, JAMES W. BUTLER, Judge.
Judgment reversed and cause remanded.
1. Appellee was entitled to the land as a homestead from the date of the marriage of her mother until she was 18 years of age, then the mother or her tenant was entitled to tents until dower was assigned. 34 Ark. 63; 40 id., 393. After dower assigned appellee was entitled to two-thirds of the rents, and the widow to one-third.
2. The agreement should have been admitted. It was a reasonable adjustment of their claims, and there is nothing to show undue influence, nor was there any trust relation between the parties. Mere inadequacy of consideration is not sufficient ground for cancelling a contract. 64 N.Y. 596; 42 id., 362. The real consideration may always be shown by either party. 95 N.Y. 575; 38 id., 263. Where there is any consideration for a contract, its adequacy cannot be questioned at law. 33 Ark. 97; 34 id., 663.
3. The agreement can be upheld on the ground that it was executed to prevent litigation. 1 Pars., Cont., 468: 2 Pa. 531; 43 id., 172. A compromise of a disputed claim will be sustained by the courts. 61 N.Y. 623; 100 N.Y. 226; 78 N.Y. 334.
5. Three years rents are all appellee could recover. Mansf. Dig., sec. 2646. There is no exception in favor of infancy. 48 Ark. 184.
1. On the widow's marriage her rights in the homestead ceased. Const. 1868, art. 12, secs. 4 and 5. Plaintiff was a minor until she reached the age of 21. Gould's Dig., ch. 81, sec. 1. The repeal by Mansf. Dig., sec. 3464, could not cut off her right.
3. The agreement was a mere nudum pactum and properly excluded as a flimsy attempt to defeat a minor's homestead right. 25 Ark. 107; 41 id., 309; 38 id., 428.
4. There is no showing that appellant believed himself, in good faith to be the owner, under color of title, and Mansf. Dig., secs. 2644-6 is not applicable. Nor is 48 Ark. 184.
5. Betterments are allowed against a minor's homestead only to the extent they have enhanced the rental value. 37 Ark. 316; 29 id., 633; 47 id., 445.
[55 Ark. 371]
On the 16th day of May, 1890, the appellee brought this action to recover of appellant lands described in her complaint. The appellant...
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