Klenk v. Knoble
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hou. James A. Yantis, Special Judge. STATEMENT. In February, 1874, Klenk filed, iu the Circuit Court at-Fort Smith, his complaint in equity against Joseph Knoble and his wife, to foreclose a mortgage executed to. him by Knoble, with relinquishment of dower by his wife, on the twenty-sixth day of September, 1871, on lot No. 6, and the' north-east half of lot No. 5, in block E, in Fort Smith, to-secure the payment of a note of the same…
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APPEAL from Sebastian Circuit Court. Hou. James A. Yantis, Special Judge. STATEMENT. In February, 1874, Klenk filed, iu the Circuit Court at-Fort Smith, his complaint in equity against Joseph Knoble and his wife, to foreclose a mortgage executed to. him by Knoble, with relinquishment of dower by his wife, on the twenty-sixth day of September, 1871, on lot No. 6, and the' north-east half of lot No. 5, in block E, in Fort Smith, to-secure the payment of a note of the same date, for $650,, for borrowed money, payable two years after date, with 10 per cent, interest from date. The defense to the…
1Opinion of the CourtEakin, J.
stbcd0™’ nSt^oin in «onveymg ■2. BWD AND WIpt fes may“testifyDefendant’s wife joined in the mortgage, only ^or ^10 Pul'Pose relinquishing dower. She had no interegj. yle homestead during her husband’s life, nor vested right to a future interest. The courts regard the family only in construingthe law, and determining its policy. The wife’s concurrence in the alienation of the homestead is not, in this State, necessary. Only confusion, on this point, arises from considering decisions from those States, where, by Statute is. She was entitled to'defend to avoid preclusion of L d°wer> an<^ <luoad…
2Cited by16 opinions
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- Berry v. MeirSupreme Court of Arkansas · 1902
- In re IrvinCourt of Appeals for the Eighth Circuit · 1903
- St. Louis, Iron Mountain & Southern Railway Co. v. RainesSupreme Court of Arkansas · 1909
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