Legal Opinion

Allen-West Commission Co. v. Patrick

Supreme Court of Arkansas

Decided March 20, 1916Published

Appeal from Lonoke Chancery Court; Jno. E. Martineau, Chancellor; The decree does not do justice to the parties inasmuch as it denies to appellant its right to exoneration from the widow’s dower out of the lands retained by Mary Z. Patrick when she conveyed to John R. Harshaw.

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Appeal from Lonoke Chancery Court; Jno. E. Martineau, Chancellor; The decree does not do justice to the parties inasmuch as it denies to appellant its right to exoneration from the widow’s dower out of the lands retained by Mary Z. Patrick when she conveyed to John R. Harshaw. Nor should appellant be required to pay any back rents to the heirs of Mary'Z. Patrick, nor any part of the $600 representing the future dower interest of Mrs. M. L. Harshaw; but the heirs of Mary Z. Patrick should be required to pay the full amount of the widow’s dower and take nothing from appellant for rents and…

1Opinion of the CourtMcCulloch, C. J.

The facts of this case, about which there is no dispute, are as follows: Daniel Harshaw and his son, L. D. Harshaw, owned, as equal tenants in -common, a tract of land in Lonoke County, Arkansas, consisting of 480 acres. L. D. Harshaw died intestate prior to the year 1883 (the precise date of his death not being stated in the record of this case), leaving surviving his widow, Mrs. M. L. Harshaw, and two children, Marjr Z. Patrick and Robert M. Harshaw, and the last named child subsequently died intestate and without issue, leaving as his sole heir at law his sister, the said Mary Z. Patrick.…

2Cases cited4 opinions

  1. Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
  2. Hewitt v. CoxSupreme Court of Arkansas · 1891
  3. Vaughan v. ButterfieldSupreme Court of Arkansas · 1908
  4. Rice v. RiceSupreme Court of Iowa · 1910

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