115 Ark. 1 | Ark. | 1914
(after stating the facts). 1. The' testimony shows that the appellees and those under whom they claim had been in the open,' peaceable, continuous and adverse possession of the land in controversy for.a period of about fifty-seven years. They had cultivated the lands, paid taxes and made improvements thereon.
'In the recent case of Carter v. Goodson et al., 114 Ark. 62, this court quoted from United States v. Chaves, 159 U. S. 452, in part, as follows: “If the adverse claim could ■have a legal commencement, juries are advised or instructed to presume such commencement, after many years of uninterrupted possession or enjoyment. Accordingly, royal grants have been thus found by the jury, after an indefinitely long continued peaceful enjoyment.” And also from Fletcher v. Fuller, 120 U. S. 534, as follows: “When possession and use are long continued they create a presumption of lauTful origin; that is, that they are founded upon such instruments and proceedings as in law would pass the right to the possession and use of the property. ’ ’
Judge Hart, speaking for the court, in Carter v. Goodson, supra, said: “When we consider the further fact that the land has been in the possession of Eppy White and his grantees ever .since the year-1857, and that these parties have cleared the land, made improvements on it, cultivated it and paid taxes on it, we think the circuit court was justified in finding that a grant had been made to Eppy White. ’ ’
A married woman can not taick her coverture to her infancy to avoid the statute of limitations. Millington v. Hill, Fontaine & Co., 47 Ark. 301.
In Stull v. Harris, 51 Ark. 297, Chief Justice Cock-rill, speaMng for the court, 'said: “It is the statutory rule of this State that when there are two coexisting disabilities when the action accrued, the party is not bound to act until the last is removed.” Appellant cites this and other cases in which the court held that where a party labors under the double disability of infancy and coverture at the time the cause of action accrued such party is not bound to act until the last disability is removed, but those cases have no application here, for the’ reason that appellant was not laboring under a double disability of infancy and coverture at the time her cause of action ■accrued.
The judgment is correct.