Fourche River Lumber Co. v. Walker
Supreme Court of Arkansas
.Appeal from Perry iChancery Court; Jeremiah G. Wallace, Chancellor; 1. There is no proof that appellee was the wife of Powell at the time of the execution of the mortgage, and, since three years elapsed between the execution of the mortgage and his death, the fact that she was his wife at the latter date does not warrant the presumption that she was his wife at the former date.
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.Appeal from Perry iChancery Court; Jeremiah G. Wallace, Chancellor; 1. There is no proof that appellee was the wife of Powell at the time of the execution of the mortgage, and, since three years elapsed between the execution of the mortgage and his death, the fact that she was his wife at the latter date does not warrant the presumption that she was his wife at the former date. The presumption is that the chancellor, in the foreclosure proceedings, found that appellee became the wife of Powell after the execution of the mortgage; otherwise there is no warrant for the decree. 71 Ark. 91. And,…
1Opinion of the CourtHart, J.
This was an action brought by Mrs. Rosa Walker in the Perry Chancery Court against the Fourche River Dumber Company, a domestic corporation, to recover dower in certain lands, which she alleges are in the possession of the defendant company. We take the following statement of facts from the abstract of appellant:
One G. W. Powell, on the 23d day of September, 1896, being the owner of the land in controversy, mortgaged it to one W. H. Blackwell. Powell died August 9, 1899, leaving appellee his widow, and certain minor children his heirs at law. W.'H. Blackwell also died, and on May 25, 1901, R.…
2Cases cited4 opinions
- Updegraff v. Marked Tree Lumber Co.Supreme Court of Arkansas · 1907
- Jackson v. Becktold Printing & Book Manufacturing Co.Supreme Court of Arkansas · 1908
- Livingston v. New England Mortgage Security Co.Supreme Court of Arkansas · 1906
- McWhirter v. RobertsSupreme Court of Arkansas · 1883
3Cited by16 opinions
- Johnston-Crews Co. v. FolkSupreme Court of South Carolina · 1922
- Pulaski County v. HillSupreme Court of Arkansas · 1911
- Title Guarantee & Trust Co. v. MonsonCalifornia Supreme Court · 1938
- Gordon v. ClarkSupreme Court of Arkansas · 1921
- Lesser v. ReevesSupreme Court of Arkansas · 1920
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