Park v. Park
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. James N. Tillman, Judge. STATEMENT BY THE COURT. George Park was the owner of a tract of land in Johnson county containing 60 acres, upon which he resided with his wife, and which was his homestead. On the 9th day of October, 1897, he executed and delivered a deed conveying this land to his son Leonard Park.
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Appeal from Johnson Circuit Court. James N. Tillman, Judge. STATEMENT BY THE COURT. George Park was the owner of a tract of land in Johnson county containing 60 acres, upon which he resided with his wife, and which was his homestead. On the 9th day of October, 1897, he executed and delivered a deed conveying this land to his son Leonard Park. The deed recites a consideration of $150, and is in the usual form except a provision therein as follows, to-wit: “The said party of the first part reserves the right of possession and all rents and income of said land for and during his lifetime,…
1Opinion of the Court
Biddick, J.,
(after stating the facts). This is an action of ejectment, and the only question presented is whether the deed of George Park conveying to the defendant the land in controversy was a valid deed. Plaintiff claims that the deed wp,s void by reason of a section of an act of 1897, which is as follows, to-wit: “That no conveyance, mortgage or other instrument affecting the homestead of any married man shall be of any validity except for taxes, laborers’ and mechanics’ liens, and the purchase money, unless his wife joins in the execution of such instrument and acknowledges the same.”…
2Cases cited2 opinions
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