For Your Data Bowlin V. Keifer Instance Brief

Bowlin v. Keifer representative brief summary
246 Ark. 693 (1969)

CASE SYNOPSIS

Appellant nephew challenged the judgment of the Franklin Chancery Court (Arkansas), which entered judgment inward favor of appellee aunt inward the nephew's sectionalisation activity inward which he claimed to live on the possessor of an undivided one-seventh involvement inward certainly tracts of land. The chancery courtroom based its holding, inward part, upon adverse possession for the menstruum of limitations past times the aunt, laches of the heir, as well as estoppel.

CASE FACTS
The nephew claimed to live on the possessor of an undivided one-seventh involvement inward land. He too alleged that his aunt was too the possessor of an undivided one-seventh interest. When the possessor of the province died, he left the province to his vii children. One of those children conveyed his involvement inward the province to the aunt. The nephew alleged that that child's sole heir conveyed the province to him.

PROCEDURAL HISTORY
The chancery courtroom entered judgment inward favor of the aunt inward the nephew's sectionalisation conform on the bases of adverse possession, laches, as well as estoppel.

DISCUSSION

The courtroom reversed the chancery court.
It held that the parties were tenants inward common.
In guild for possession of ane to live on adverse to that of the other, noesis of the adverse claim had to live on brought to them straight or past times such other acts that detect could live on presumed.
The aunt failed to demo that her possession was adverse.
Regarding the estoppel defense, in that place was no prove that she relied upon the acts of her nephew or his grantor to her detriment.
There was no undue delay on the nephew's purpose inward bringing almost his activity to justify a judgment based on laches because the aunt had non suffered whatever alter inward position.

CONCLUSION
The courtroom reversed the chancery court's decree as well as remanded the cause.

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