Chaffe Bro. v. Oliver
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court in Chancery. Hon. X. J. Pindall, Circuit Judge. 1. Tne deed under which Mrs. Oliver claims does not “ expressly set forth that the same is designed to be held exempt from the liabilities of her husband.” (Gould’s Digest, p. 766, sec. 8), and the marital rights of her husband attached, and may be subjected to appellant’s claim. Taylor v. McCoy, 88 Ark., 91; 1 Wash.
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APPEAL from Jefferson Circuit Court in Chancery. Hon. X. J. Pindall, Circuit Judge. 1. Tne deed under which Mrs. Oliver claims does not “ expressly set forth that the same is designed to be held exempt from the liabilities of her husband.” (Gould’s Digest, p. 766, sec. 8), and the marital rights of her husband attached, and may be subjected to appellant’s claim. Taylor v. McCoy, 88 Ark., 91; 1 Wash. Beal Prop., *p. 277. 2. Conceding the deed of trust to be void (for argument), still the Busby debt, amount paid to redeem, and subsequent taxes, are a lien upon the land. The Busby mortgage was…
1Opinion of the CourtEakin, J.
Henrietta V., the wife of Lindsay ~W. Oliver, was the owner, in her separate right, of a plantation, which she had allowed her husband to cultivate and use for his own benefit, and upon which both resided.
In March, 1867, they joined in a mortgage of the plantation, save 160 acres, to Jesse J. Busby, of Memphis, reciting that he had advanced to them, and agreed to continue advancements of supplies of cash and provisions to enable them to cultivate a crop for the current year, not to exceed $6,000; and further, that said Lindsay W., was indebted to him upon two notes executed in 1866 for $800…
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