White v. White

Decided May 15, 1889

Supreme Court of Arkansas · decided 1889-05-15

J. M. Pittman, Judge. William J. White brought an action of ejectment against his father, J. S. White, to recover a tract of land, claiming-title thereto under a conveyance executed to him in the year 1874 by E. D. Ham. The defendant interposed the statute of limitations as a bar to the action, and set up as a further defense that he paid all the purchase money for the land and that the conveyance to the plaintiff was in trust for his benefit.

Good law ✅— No negative treatment on recordhow we know

Decided 1889-05-15

How this case has been cited

Cited by 8 later decisions — most recently May 1981

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1Advancement: Statute of Limitations. The presumption of the law is that the purchase of the land in controversy was by way of advancement to the son. Robinson v. Robinson, 43 Ark., 481. The proof does not overcome this presumption.

¶2The statute of limitations does not aid defendant under the facts of this case. The oceupancy of .each was with reference to parental and filial duty. White and Tudot’s Leading Cases in Eq., vol. 1, pt. 1, p. 331; Sidmouth v. Sidmouth, 2 Beavans, 447.

¶3The decree is reversed with costs, and the cause remanded with direction to the Washington Circuit Court to enter a decree giving plaintiff possession of the premises sued for.