Lenow v. Fones
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. Hon. D. "W. Carroll, Chancellor. First — Lands bought with partnership funds and for partnership purposes are to be regarded as personalty under the law of descents. 8 Lindley on Part., 668; 88 Ark., 856; Parsons on Part., *p. 370 ; 7 Conn., 19; 10 Leigh, 4-88; 3 Broion Chy., 199; 7 Vesey, 453, n.; 7 Sim., 871; 15 Johns., 159; 4 Ohio St., 1; Walk. Chy., 800; 9 Lnd., 16; 811 Penn.
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APPEAL from Pulaski Chancery Court. Hon. D. "W. Carroll, Chancellor. First — Lands bought with partnership funds and for partnership purposes are to be regarded as personalty under the law of descents. 8 Lindley on Part., 668; 88 Ark., 856; Parsons on Part., *p. 370 ; 7 Conn., 19; 10 Leigh, 4-88; 3 Broion Chy., 199; 7 Vesey, 453, n.; 7 Sim., 871; 15 Johns., 159; 4 Ohio St., 1; Walk. Chy., 800; 9 Lnd., 16; 811 Penn. St, 857; 13 ib., 550; 1 Sumner, 17b; ®0 Mo., 18b; 19 ib., 56; 8 Sand. Chy., 366; 6 Bush., 370. Second — A leasehold estate in lands is personal property. 8 Kent Com., 3b%; 2 Black.…
1Opinion of the CourtCookiull, C. J.
The first question presented by the record [ is, are lands bought with partnership funds for partnership purposes to be regarded as realty or personalty under the laws of descents and distribution ? Or, to state the question with more particularity, shall Ella D. Lenow, as the wfidow of a late member of the firm of Eones Bros., the business of which has been closed and the debts paid, take her dower in the real estate assets of the firm remaining after the winding up of its affairs, absolutely, as in personal property, or for life, as in real estate?
1. Dower: In part* nershir real ty.
The…
2Cases cited10 opinions
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Kinney v. WattsNew York Supreme Court · 1835
- Hewitt v. RankinSupreme Court of Iowa · 1875
- Bopp v. FoxIllinois Supreme Court · 1872
- Shearer v. ShearerMassachusetts Supreme Judicial Court · 1867
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3Cited by16 opinions
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