| Show 1 IJ tJ 1 i 1 CASE OASE AFFIRM e I Court Today e Decision of 01 I f JAVOR j jI I Ii 6 Still Mill In to QI l Ii t f J JUlo lo et IlI rE Number i I rt Vr I r rl l rJ ic S court today he decision of ut Judge hull Hall In th m lof ot f John Joll Jr appellant vs VH VI Man Mit lil 11 i and homus Quay opinion is 15 written by Chief Tu H and In by ly hit hIl ail aiS J la I very cl c lengthy ono typewritten pages f fI j 1 I ho fiction W a by IY Jr to 10 null t titio Lilo io 10 o lot 10 block tl 22 ATO Acro o plat A nig Hg Bg Field survey fui ui V y Tho defendants It long of ot title tte set HI It un Ull u ns us lS a de JI the th statute of or limitations family compromise Ind and Hl want of consideration fl The tho trial court C ti found the issues sUPH in faVor of ot o th le and plaintiff un July Jul JO lii l i la Thomas Jenkins and continued to ti J I 23 S 2 8 und anU lna W 16 block Ilok 22 Ten Aero Jert plat platA it A known ns AS the tho th 40 io am 11 He oiW I d t bM hil timo the owner fleT of f 12 acres ncr ij jl C 11 H Uno Foi non than 2 20 IL been 1 a l of the tho 1 t II ana Am believing In tho tito tl ht hating a n plurality of oC U thu 1 liaa Ino Iau a fl Igat WIO wie named Ann t r he ho h wai wa va married In 1851 ho Imd eight children John J the tho father of or o the tho plaintiff was val his oldest eldest ron aon ron by ly his iI lawful N Thomas II Jenkins also had hod a wll vIt lf Mary H n I to whom he ho h hoYns ivos married In 15 and by hy y whom he had nul VIS eleven children an JU UI March 2 pairing to a n support maliT for tor Ann nn and Mary U It and nd n their theft in case of lila bis death t jie ie 10 conveyed tho ho 40 acre tract Ing ng lot Io 10 tho the land In question qu aton to Mil Milt t ill 11 t L Jenkins and nd tho tim m 12 aero tract to Ann K ii I At tho time of ot these noet it tt wa A by 1 that Thomas Jenkins wan waa to nfl occupy the th land during durin hl tI and the grantors grant ls wore were to t tt at nt hI On tho wives agreed I recd to exchange exe heir 8 hell respective hO tracts of ot o land Wih with the tha th onset of ot Thomas rhoman each lach i eying to tho other othel oti the th land no lo o caW cOnf if JJ yd to her hert when at lt the thu request r of Ann nn nn with ll tho the consent consett of j Jenkins the he deed to her wn nd made to John A Jenkins her r vItI st son ot now nW dead aaL who know nil the theat e acts atta and an took the tho ho deed tar for the 40 r rat subject to o the former agreement of f tho the parties without paying ayIng any conf coni con and agreeing U that homos was wt wis to hold M id occupy It during his bit hI lifetime and andt rd it t hIs hla death John JIhn A Jeni Jc fn was wa to como come Into po session Ir and without other othet Ion ivas IS to keep and support lup orl iIA hI moth also nio his Ith T r turIn during her lifetime unil ar I Mice JUIce hr and UnI Anna Annl during their OtI until they marry Ilo I las R nl o to support Mary Mory Bundy nn nned ge ed nn dependent on Thomas ins In 1 Jhn A dOPe Jenkins lived at homo Ith his hie father and an In iBiS 1878 ho he h married tinnie J Jenkins OH Ott OISe September l 25 ho died Intestate without On Oti 8 of ot t tho ho same arno year hla hl i boro horo a n son lon by ly 1 him who wh was wash amed otter ocer his father tat her and who U Ut I the tio In n thIs thin action Ills Ule Is father t naY r I took tok possession ot of tho the forty and Ind never supported Alice or VI An Ati Ana Att AttI fl a I or Mary Bund John S Barnes f fal as al 8 appointed tP of ot the tho th ps eT i late tat ant and on 27 brought milt Thomas Jenkins JenkIn and hh hI or Os of ot the land lanI anti nn SUO res es He also fleo ao that the tM r f the tho land 1111 were toO OO PI annum OV 26 2 1880 an nn agreement wn ached whereby In of t of ot a year yen by jy Thom Thomaa i ho 10 was WM to have havo tho use usa ot the tho ti tact met of ot land during his lifetime or un II 1 tho th coining of ot age ICI or marriage uI oC olin olm A Jenkins Jr Anna and Tonkins until tho the two latter hitter arrived tit tt tithe he ago of 25 years When young John hIs hla majority the to tit tha tl tact met ret of ot land was WOM WI to lo become vested In ilm ond nn his heirs hairs torn cr crIn In Thomas and ll Ann JenkIns can cm I eyed eyel the tho lh land lond to tl Dolar roberl for tor fori i of at MO and In 1813 ic e In turn it i to t Mary 13 E 1 Jon Jen Jel en who vil is s nut now In Ia possession of ot It U tor for forlie tort lie If t sum eum of ot tOO On Oi November I 10 ID Y 1 Jensen Jen en mortgaged the lani to Thomas Quayle Quaye for which debt luM luMI I Ja stIlL unpaid The Tho court holds hols that the estate Is I till tl In the possession of ot the tho inter but ns as a ho has ha never neer taken pos po of ot tho the property in dispute ho Is arre by b the tho statute o ot oC limitations MUST PAY I The Tho Supreme Court today tOnY also handed down own nn an the tho decision of ot Judge Hall hail Hal In the case of ot the Nevada eVla Lumber Co o vs VB Samuel M 11 et ot al nl In which the tho trial ourt court found the Issues for tor tho the plaintiff pl from rem watch decision defendants appeal et d Tie To opinion Is written by lW Justice Whose associates on the Su Supreme Suo u preme premo bench honch concur Tho Iho action was wa brought to foreclose a r lion lien 11 n for fo and costs on n certain real estate owned by Whit more and nna n a sale of or the tho property was ordered rd ted by IY tho the court to satisfy tho the lien Hen len |
