Hampton v. Cook
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court. H. N. Hutton, Judge. The husband’s right to curtesy is subject to the claims of the wife’s creditors. Hilliard, Real Prop. (14 Ed.) p. 117; 47 Ark. 175; 4 Am. & Eng. Ene. Law, 963.; and cases; 46 Ark. 376; 42 Ark. 26. The husband, not being a party to the suit as such, had no right to interpose his claim for curtesy.
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Appeal from Woodruff Circuit Court. H. N. Hutton, Judge. The husband’s right to curtesy is subject to the claims of the wife’s creditors. Hilliard, Real Prop. (14 Ed.) p. 117; 47 Ark. 175; 4 Am. & Eng. Ene. Law, 963.; and cases; 46 Ark. 376; 42 Ark. 26. The husband, not being a party to the suit as such, had no right to interpose his claim for curtesy. The appellants were judgment creditors, with liens which could have been enforced by sale of the wife’s lands; hence their rights were superior to the husband’s right to curtesy. The husband is entitled to his curtesy if there was issue born…
1Opinion of the CourtBattle, J.
John J. Cook and Ella E. Cook were husband and wife. Issue of their marriage was born alive. The wife carried on a mercantile business on'her sole and separate account, and during the course of the business acquired certain real estate, consisting of farms and houses. Hampton, Reed & Co. sold goods to her, and upon the debts thereby created obtained judgments against her, in the Woodruff circuit court. She mortgaged the lands and houses to the Bank of Newport. Thereafter, in 1892, she died intestate, leaving her husband and children of their marriage surviving. He became administrator of her…
2Cases cited5 opinions
- Hornor v. HanksSupreme Court of Arkansas · 1861
- Neelly v. LancasterSupreme Court of Arkansas · 1886
- Meredith v. ScallionSupreme Court of Arkansas · 1888
- Branch v. HornerSupreme Court of Arkansas · 1873
- Powell v. MaconSupreme Court of Arkansas · 1883
3Cited by7 opinions
- Kies v. YoungSupreme Court of Arkansas · 1897
- Sadler v. CampbellSupreme Court of Arkansas · 1921
- Miles v. MilesSupreme Court of Oklahoma · 1918
- Loyd v. Planters' Mutual InsuranceSupreme Court of Arkansas · 1906
- Allen-West Commission Co. v. GrumblesDistrict Court, W.D. Arkansas · 1908
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