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Baxter v. Young

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eBook details

  • Title: Baxter v. Young
  • Author : Supreme Court of Arkansas
  • Release Date : January 02, 1959
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

This cause of action arose in 1952 when appellants took possession of the land involved. David and Corah Young (brother and
sister) inherited the 80 acres of land here from their grandmother, Melvina Reed, who died intestate in 1938. They were her
sole surviving heirs and each inherited an undivided one-half interest in the land as tenants in common. David did not live
on the land after his grandmother's death. He moved to different parts of the country, finally locating in Chicago and there
he say his sister, Corah, in 1955 which was the second time he had seen her since his grandmother's death. Corah, who was
living on the farm with her grandmother when she died, continued on the farm and operated it up to 1952, when she executed
a quit-claim deed to the farm to John Baxter. During the time that she operated the farm, she borrowed money with which to
operate and make small improvements and in 1948 executed a mortgage on the property to John Baxter to secure the payment of
a $300 promissory note due November 1, 1948, and other advances if any. This mortgage was recorded March 6, 1949, and recited
that, "Corah Young, only surviving heir of William Reed, Deceased, and all of which property said grantor warrant to be free
from incumbrances and not subject to any adverse claim." At all times that Corah did business with Baxter she represented
to him that her brother, David, was dead and that she was the sole owner of the property. From 1950 through 1956 the taxes were paid by Mr. Baxter or the Baxter Land Company.


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