Hayes v. Martin

• Decision Date: 30 January 1911
• Citation: 134 S.W. 626
• Parties: HAYES et al. v. MARTIN et al.
• Court: Arkansas Supreme Court

134 S.W. 626

HAYES et al. v. MARTIN et al.

Supreme Court of Arkansas.

January 30, 1911.

Appeal from Desha Chancery Court; Zachariah T. Wood, Chancellor.

Action by Dollie Martin and another against Daniel Hayes and others, in which Anna Harris intervened. From a judgment for plaintiffs, Hayes and Anna Harris appeal. Affirmed.

This action involves the title to 60 acres of land, and was commenced in the chancery court on the 28th day of January, 1909, by Dollie Martin and Reed Ann Smith against W. R. Kirby, Lee Whitney, and Daniel Hayes. Subsequently Anna Harris intervened, claiming title to the land.

The evidence on the part of the plaintiffs is substantially as follows: Daniel Hayes originally owned the land, and on June 17, 1889, conveyed the same by deed to Ailsey Ann Freeman, who was at the time only 10 years old. Dollie Martin is the stepdaughter of Daniel Hayes, and Ailsey Ann Freeman and Reed Ann Smith were both the daughters of Dollie Martin, but were half-sisters. Ailsey Ann Freeman died in 1899 without issue and owned the lands at the time of her death; and her father had died before her. Hence plaintiffs claim that the title to same at her death became vested in them subject to a life estate which had been reserved in Daniel Hayes by his deed to Ailsey Ann Freeman. Subsequently Daniel Hayes mortgaged the land to W. R. Kirby, and the latter instituted proceedings in the chancery court against Daniel Hayes to foreclose his mortgage. Lee Whitney purchased the land at the sale, and confirmation thereof was had on April 21, 1908. Whitney subsequently deeded the lands to Kirby. The latter is now in possession of same, claiming to have a fee-simple title therein, instead of an estate for the life of Daniel Hayes. On the part of Anna Harris there is testimony showing that she is the daughter of Daniel Hayes, and that on the 12th day of December, 1903, Daniel Hayes executed a deed to her to the lands in controversy in consideration that she support him for the remainder of his natural life. The chancellor found that the defendant Anna Harris had no title or interest in the lands, and that the life estate of Daniel Harris had been sold in the mortgage foreclosure suit brought against him by Kirby; and they have appealed from the decree entered against them. No appeal has been prosecuted by Kirby and Whitney. Additional facts will be stated in the opinion.

Bradshaw, Rhoton & Helm and Nelson H. Nichols, for appellants. Williamson & Williamson, for...