NAME. Stevens v. Queen Ins. Co.........Insurance.... Stubbings v. Evanston Tatum v. Rosenthal Taylor v. Coots ..... Texas etc. Oil Co. v. Adone 426 Process Texas etc. R'y Co. v. Brick.......Parent and child... ....Homicide...... ........ Res judicata.......... ...... ..... 32 Neb. 30 83 Tex. 526.... 675 Drug Co. Fraud. conveyances. 33 Neb. 714 .... 505 CASES IN THE SUPREME COURT ARKANSAS. GIBSON V. HERRIOTT. [55 ARKANSAS, 85,] EXECUTORS AND ADMINISTRATORS PURCHASE BY- AVOIDANCE BY HEIRS - LACHES. — Where an administrator becomes interested, by purchase, in the land of the estate, after his sale thereof, but before its confirma. tion, the sale may be set aside by the heirs within a reasonable time, without proof of actual fraud or injury. This right may be lost by aoquiescence or laches. CACHES - WHAT CONSTITUTES · DISCRETION OF COURT. What delay in bringing suit will constitute such laches as will bar relief, in the absence of the defense of the statute of limitations by plea or demurrer, depends upon the facts and circumstances of each particular case, and is within the sound discretion of the court to deterinine. LACHES BY HOLDER OF EQUITABLE TITLE. The delay of a party holding the equitable title to land, in standing by and permitting the owner of the legal title to expend large sums in improving and developing the property until it has largely increased in value, without notice of his claim, will constitute such laches as will bar relief. LACHES BY HEIRS - PURCHASE BY ADMINISTRATOR. When an administra. tor has become interested, by purchase, in land of the estate, after its sale by him, but before its confirmation, an unexplained delay of seven years by adult heirs in permitting such administrator to pay the debts of the estate and to permanently improve the property purchased, until it has greatly increased in value, without notice of their claim, is such laches as will bar their right to avoid such sale, although the statute of limitations is not interposed by plea or demurrer. MARRIED WOMAN, LACHES OF. — Laches is imputable to a married woman in respect to her separate property. LACHES OF INFANT. - An infant cannot be charged with his own laches, but when time has commenced to run against his ancestor, it continues to run against the minor heir. EVIDENCE. — A Sworn PLEADING of a party to one action is admissible in evidence against him in another action as an admission, subject to rebuttal and explanation. AM. ST. REP., VOL. XXIX. -2 -- LACHES OF ADULT HEIRS - PURCHASE BY ADMINISTRATOR. -Where an administratrix purchases all the lands of the estate, including her dower therein, as an entire transaction at her own sale, and then makes valuable improvements on the entire estate claimed by her by virtue of her dower and her purchase, the sale, though voidable, will not be set aside at the instance of adult heirs, after such unreasonable delay by them as to constitute laches. EXECUTORS AND ADMINISTRATORS - FRAUDULENT PURCHASE BY ADMINISTRATOR, SETTING ASIDE- COMPENSATION. Where an administratrix purchases the lands of the estate, including her dower therein, at her own sale, and the sale is set aside as to infant heirs for constructive fraud after the administratrix has made valuable improvements, she is entitled to compensation for the full value of her improvements, less rents, and to have the purchase-money and taxes paid by her refunded, with interest, as to all of the land except her dower, and as to that she is entitled to have the purchase-money only refunded. W. P. and A. B. Grace, for the appellants. Thomas J. Ormsby, M. L. Bell, and Thomas B. Martin, for the appellee. BATTLE, J. Solomon Walton died on the 4th of November, 1876, in Jefferson County, in this state, intestate, leaving Belle Herriott, Rosa E. Lindsay, Kate Hinton, and Sallie E. Whitley, who were his children, his only heirs him surviving. He was, at the time of his death, a married man, and left his wife, M. A. Walton, who is now the wife of John W. Gibson, surviving. At his death he was the owner of personal property and about 860 acres of land, of which 265 acres were cleared and in cultivation, and was much in debt. Shortly after his death, Mrs. Walton administered on his estate; and some time thereafter, dower in his land was set apart and assigned to his widow. His personalty not being sufficient to pay his debts, his administratrix applied to the Jefferson probate court for an order to sell the lands which had not been assigned as dower, and the reversion in the other, to pay the debts remaining unpaid. The probate court granted the application at its July term, 1879, and authorized and directed the administratrix to sell all the lands, including the reversion in the land assigned to the widow, as dower. On the 24th of September, 1879, the land which had not been assigned to the widow was sold at public auction to E. W. Martin and F. J. Wise at and for the sum of $2,800, they being the highest bidders therefor, and the other land was sold to Frank Tomlinson, subject to the dower, for $750, no one offering more for it. Martin and Wise, not being able to comply with the terms of the sale. |