43 Ark. 427 | Ark. | 1884
Appellees, who are infants, sued by their next friend for the possession of lands which they claimed as heir at law o± their deceased mother. Appellant answered denying the allegations of title as to one forty acre tract and asserted title to it in himself. He admitted that the other lands had been conveyed by the party having the paper title to appellees’ mother, but undertook to set up an equitable title or right in himself. The answer was made a counter claim, the case transferred to the equity side of the docket and submitted, without a reply to the counter claim, on the complaint, answer and counter claim together with the exhibits, anda deposition tending to prove some of the allegations of the counter claim. • The court decreed for the appellees as to all the lands.
A decree for the appellant on his counter-claim without a guardian ad litem and reply for the infants could not have been sustained. Smith v. Ferguson, 3 Met. (Ky.), 424.
As to the forty acre tract alluded to, there is no showing of title in appellees. It does not appear in any of the exhibits and is not mentioned anywhere except in the pleadings.
Eeversed and remanded for further proceedings in accordance with this opinion.