(DOWNLOAD) "Johnson v. Umsted" by Eighth Circuit Circuit Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Johnson v. Umsted
- Author : Eighth Circuit Circuit Court of Appeals
- Release Date : January 01, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The appellant will be referred to as plaintiff, and the appellees as defendants, as in the court below. The plaintiff is an illiterate colored woman about 60 years of age. The defendants are the administratrix of the estate and the heirs of Sid Umsted, a white man, who died November 3, 1925. The suit is brought in equity to recover an undivided one-quarter interest in 80 acres of land in Ouachita county, Ark., upon which there are eight producing oil wells, and for an accounting of the royalties collected therefrom by Sid Umsted during his lifetime and by his estate since his death. In her complaint, the plaintiff asserts that Umsted procured the property and royalties through fraud and under such circumstances that in equity they were impressed with a trust in her favor. Her assertions are denied by the defendants. In addition, the defendants claim that the plaintiffs suit is barred by laches and limitations. A decree of dismissal was entered in the court below, and from that decree the plaintiff has appealed.