126 Ark. 1 | Ark. | 1916
(after stating the facts). The deed from Narcissa Martin, the widow of Jesse Martin, to H. P. Vaughan, recites that for the consideration named, she sold the lands allotted to her as dower (describing the lands in controversy), and at the conclusion of the deed is this recital: “I am only selling whatever claim or interest I have therein, said lands having beén previously sold for taxes.”
In Killeam v. Carter, 65 Ark. 70, we said: “The law wisely grants to the widow the privilege of occupy-n ing the homestead as long as she desires. But it is a privilege purely personal to her, which she can neither convey to nor share with another. She may enjoy the rents and profits only so long as she intends it as a home. Strictly speaking, she has no estate in the land itself, but only the privilege of occupancy. Alienation by her confers no rights, but it means abandonment, and the termination of her right of homestead. Not so with an estate for life. That terminates only upon the death of the life tenant.”
Appellant contends that Vaughan and those claiming under him had adverse possession of the lands from October 4, 1877, the date of the deed of Narcissa Martin, to H. P. Vaughan.
Jesse Martin died in 1872, and appellee A. B. Martin was born in 1870. He became of age the 15th of July, 1891, and he could have instituted suit three years thereafter, towit, on the 15th day of July, 1894.
Appellee Artimissa McDaniel was born July 2, 1872, and became of age July 2, 1890, and could have instituted suit for these lands July 2, 1893. Although she married in 1900, her coverture is not alleged to defeat the claim of adverse possession.
Appellee Elizabeth Lanford was an adult at the time of her father’s death, and her coverture also is not alleged to defeat the claim of adverse possession.
Appellant therefore contends that all the appellees, after they were entitled to sue, had to take notice of the abandonment of the lands by Narcissa Martin in 1877, and of the adverse possession thereof since that time by appellant and those under whom he claims title; that more than seven years’- adverse possession by the appellant, and those under whom he claims title, had intervened since the time when appellees were entitled to sue and November, 1906, the date when they filed their petition to have the title confirmed in them.
There is no testimony in the record to warrant a finding that appellees were estopped from maintaining this suit. What we have already said shows that they are 'not barred by laches. Appellant was entitled to the possession of the lands until Narcissa Martin died. The appellees, reversioners in title, could not have maintained a suit for possession thereof until after the death of the life tenant. 1 Cyc. pp. 1057-58; Ogden v. Odgen, 60 Ark. 70; Martin v. Conner, supra; and other cases cited in brief for appellees. Appellees challenged appellant’s efforts to destroy their title as soon as he began them, and affirmatively set up their own title in opposition to his claim in less than a year after the date when they could first do so.
The decree is correct and is affirmed.