Watson v. Lester, 163.

• Citation: 31 S.W.2d 955
• Decision Date: 13 October 1930
• Docket Number: No. 163.,163.
• Parties: WATSON et al. v. LESTER.
• Court: Arkansas Supreme Court

Page 955

31 S.W.2d 955

WATSON et al. v. LESTER.

No. 163.

Supreme Court of Arkansas.

October 13, 1930.

Rehearing Denied November 17, 1930.

Appeal from Columbia Chancery Court; J. Y. Stevens, Chancellor.

Suit by Etta Green Watson and others against Hattie B. Lester. From an adverse decree, plaintiffs appeal.

Reversed and remanded, with directions.

McKay & Smith, of Magnolia, for appellants.

Henry Stevens, of Magnolia, for appellee.

HUMPHREYS, J.

This suit was brought on the 25th day of January, 1929, by appellants against appellee to cancel an administrator's deed to appellee conveying to her the following described lands in Columbia county, Ark., to wit: S.E. ¼ of N.W.¼, section 25, township 17 south, range 23 west; and also the following described tract, to wit: Beginning at the N.E. corner of the S.W.¼ of N.W.¼, section 25, township 17 south, range 23 west, running west 160 yards; thence south 440 yards; thence east 160 yards; thence north 440 yards to the point of beginning, all in section 25, township 17 south, range 23 west; and to quiet their title thereto as against appellee, alleging that they owned the land by inheritance and said deed constituted a cloud upon their title.

An answer was filed by appellee admitting appellants' ownership of the land by inheritance, but alleging that she acquired title thereto by purchase at an administrator's sale thereof against appellants' intestate, from whom they inherited same, to pay a claim against his estate. The facts in the main are undisputed and are as follows:

Etta Green is the widow, and the other appellants are the children of Elmond Green who died intestate in the year 1921, at his known place of residence in Lafayette county, the owner of said real estate. He had resided in Lafayette county for many years with his family prior to his death, never having resided in Columbia county after his boyhood. During most of the time he lived upon lands in Lafayette county belonging to Henry B. Lester, appellee's husband. About five years after the death of Elmond Green, Henry Lester transferred a claim or an account for rent against Elmond Green, deceased, to his wife, the appellee herein. Appellee filed an application for the appointment of W. B. Stevens as administrator of the estate of Elmond Green, deceased, and filed an affidavit with the clerk of the probate court of Columbia county to the effect that the account for rent was due Henry Lester by Elmond Green at the time of his death. Appellee and her husband, Henry Lester, signed the bond of W. B. Stevens, and letters of administration upon the estate of Elmond Green were issued to him. Appellee then filed a claim with said administrator for the rent which had been assigned or transferred to her by her husband, and the claim was allowed by the administrator. A petition was then filed for an order of sale for the lands in question, and they were ordered sold by the...