117 Ark. 366 | Ark. | 1915
(after stating the facts). The agreed statement of facts ¡shows that Sarah C. Fisher was the common source of title, that she conveyed the lands on March 11, 1879, to Dixie LeSieur, “and the legal heirs of her body;” that ¡she later on February 8, 1882, conveyed the lands by warranty deed to Jabez C. Smythe, defendant’s grantor and that plaintiffs mother, Dixie LeSieur on the same date, before they were born also made him a quitclaim deed to the lands. Their mother died in 1900, leaving them surviving two of the three legal heirs of her body, they being of the ¡ages of nineteen ¡and twenty-one years at the beginning of the suit. The defendant, was and had been in possession of the land, the rental value of which was shown ¡since the death of their mother, Dixie LeSieur.
At the time of the death of the life tenant the appellants were infants under the age of twenty-one years, and were ¡by the statute allowed three years after coming of full age, in which to begin suit for the recovery of the possession of the lands iand this action was begun within said statutory period. Kirby’s Digest, § 5056.
It f ollows that the court erred in its judgment, which should have been for appellants for possession of two-thirds interest in the lands, and damages for three years rental value thereof, less the amount of the taxes paid for that time. The judgment is therefore reversed 'and the cause remanded with directions to enter judgment in accordance with this opinion.