Wilmans v. Robinson

• Decision Date: 03 March 1900
• Citation: 55 S.W. 950
• Parties: WILMANS et al. v. ROBINSON et al.
• Court: Arkansas Supreme Court

55 S.W. 950

WILMANS et al. v. ROBINSON et al.

Supreme Court of Arkansas.

March 3, 1900.

Appeal from circuit court, Jackson county; Richard H. Powell, Judge.

Action by Jennie Robinson and others against Hetty B. Wilmans and others. Judgment for plaintiffs, and defendants appeal. Affirmed.

This suit was brought by appellees to recover possession of certain lands in Jackson county. They deraign title from the government to one Nathaniel Williams, and claim directly from him under a deed which is as follows: "This deed of conveyance, made this, the 25th day of July, 1862, witnesseth that Nathaniel C. Williams, of Jackson county, state of Arkansas, for and in consideration of the sum of one dollar to him in hand paid, and for the esteem and regard he has for Martha Ann Arundell, has this day granted, bargained, and sold, and by these presents do grant, bargain, sell, and convey, unto the said Martha Ann Arundell and her bodily heirs the following described tracts or parcels of land, to wit: The northwest quarter of the southeast quarter, the northeast quarter of the southwest quarter, the southwest quarter of the northeast quarter, and the southeast quarter of the northwest quarter of section 23, in township 12 north, in range 2 west, containing one hundred and sixty acres; being and situated in the county of Jackson, state of Arkansas. To have and to hold the above-described tracts or parcels of land, with all the appurtenances to the same belonging, to the said Martha Ann Arundell, for her separate use and benefit, and her bodily heirs, and exclusive and free from liability to be disposed of by her husband, except for the benefit of the said Martha Ann and her heirs. And the said Nathaniel C. Williams will warrant and defend the title to said lands unto the said Martha Ann Arundell and her heirs, forever, against the lawful claims of all persons whatsoever. Witness my hand and seal this, the 25th day of July, A. D. 1862. N. C. Williams. [Seal.]" The complaint alleged the death of Martha Ann Arundell (then Martha Ann Robinson), leaving surviving the plaintiffs, her only children, and the sole heirs of her body, who thereupon became seised in fee simple of the lands in suit. Then the complaint, after setting out that the defendants claim title and are in possession under a chain of conveyances commencing with one made by the said Martha Ann to one Stephen B. Allen, alleges the rental value of the premises during such possession, and concludes with a prayer for possession, and for $250 as rents. The defendants filed a general demurrer to the complaint, which was overruled. Louis M. Hellman was made a party defendant. Subsequently the defendants filed their answer, denying that plaintiffs were the owners of the lands in controversy; admitting the execution of the conveyances alleged in, and exhibited with, the complaint; alleging that the conveyance of said lands by Martha Ann Robinson to Stephen B. Allen was made for her sole and separate benefit and that of her bodily heirs; that the consideration of said conveyance was the sum of $500 cash in hand paid to her by said Stephen B. Allen for her separate use and benefit and that of her bodily heirs, and that the said sum of money was used by her for her benefit and that of her heirs, and free from all disposition of the same by her husband; admitted and alleged that defendant Louis M. Hellman claimed title by virtue of the conveyances alleged in the complaint, and set out as exhibits to answer, — deed of conveyance from Martha Ann to Stephen B. Allen (Exhibit A), deed of conveyance from Stephen B. Allen to G. A. Jowers (Exhibit B), deed of trust from G. A. Jowers to Lancelot Minor (Exhibit C), and deed of Special Commissioner John M. Rose, at foreclosure sale, to Louis M. Hellman. Defendants admitted that plaintiffs are the bodily heirs of said Martha Ann, but denied that upon her death they became seised of any estate in said lands; denied that plaintiffs were entitled to the possession of the same, etc. Thereupon plaintiffs demurred to the answer, alleging that it did not state facts sufficient to constitute a defense, etc. The demurrer was sustained, and defendants declined to plead further. Judgment was rendered in favor of plaintiffs for the lands in controversy, $125 damages, and costs, and the defendants appealed.

Jos. W. Phillips and S. D. Campbell, for appellants. Gustave Jones, J. M. Bell, and J. A. Watkins, for appellees.

WOOD, J. (after stating the facts).

The only question is, does the granting clause, "do grant, bargain, sell and convey unto Martha Ann Arundell and her bodily heirs," convey to the grantee an estate in fee or in tail? Section 700, Sand. & H. Dig., is as follows: "In cases...