Burrus v. Butt
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; The -demurrer was improperly sustained. The cause did not abate and the widow was entitled to rent. The cause of action was properly revived in the name of the administrator. 176 S. W. 309; Kirby’s Digest, §§77,4602. The demurrer was properly sustained. The suit abated on the death of the widow. Dower had never been assigned to the widow. Noystatute can be found allowing such a suit.
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Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; The -demurrer was improperly sustained. The cause did not abate and the widow was entitled to rent. The cause of action was properly revived in the name of the administrator. 176 S. W. 309; Kirby’s Digest, §§77,4602. The demurrer was properly sustained. The suit abated on the death of the widow. Dower had never been assigned to the widow. Noystatute can be found allowing such a suit. It was not decided in 176 S. W. 309 that the administrator could recover in another forum, nor did the court undertake to pass on…
1Opinion of the CourtHumphreys, J.
James W. Martin died on the 10th day of January, 1912, leaving his widow, Mrs. S.- E. Martin. In April, 1914, she commenced a suit in the probate court of the Chiekasawba District of Mississippi county against the appellees herein for an assignment of dower. The cause was tried in the probate court and appealed to the circuit court, where she obtained an interlocutory decree for her dower interest in the N. W. quarter of section 5, south half, S. E. quarter section 21, S. W. quarter section 22, N. W. quarter section 27, and the north half section 28, all in township 15 north, range 12 east.…
2Cases cited1 opinion
- Burrus v. ButtSupreme Court of Arkansas · 1915
3Cited by1 opinion
- Miller Link Lumber Co. v. ThompsonCourt of Appeals of Texas · 1919