Cherokee Construction Co. v. Harris
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; J. Virgil Bourland, Chancellor; An action of waste can be sustained .against a widow owning dow.er interest in her husband’s land for waste committed by her. 20 Mass. 203; 12 Ga. 235; 112 la. 210. So she may be enjoined from committing waste. 85 la. 78; 53 Ind. 267; 110 Penn. 473; 16 N. J. Eq. 248; 33 Id. 603; 39 Md. 3372 Hill 157; 49 Md. 549; 33 Am. St. R. 280; 66 Id. 370; 41 W. Va. 559; 36 Am. R. 884; 64 Id. 891; 179 Pa.
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Appeal from Sebastian Chancery Court; J. Virgil Bourland, Chancellor; An action of waste can be sustained .against a widow owning dow.er interest in her husband’s land for waste committed by her. 20 Mass. 203; 12 Ga. 235; 112 la. 210. So she may be enjoined from committing waste. 85 la. 78; 53 Ind. 267; 110 Penn. 473; 16 N. J. Eq. 248; 33 Id. 603; 39 Md. 3372 Hill 157; 49 Md. 549; 33 Am. St. R. 280; 66 Id. 370; 41 W. Va. 559; 36 Am. R. 884; 64 Id. 891; 179 Pa. St. 371; 43 W. Va. 562. Art. 9, sec. 6, Const. 1874, is to be liberally construed. 54 Ark. 11; 65 Ark. 251; .70 Ark. 483; 71 Ark. 594;…
1Opinion of the CourtFrauenthal, J.
The appellant, who was the plaintiff below, instituted this suit in the chancery court against the appellees, seeking to have certain lands partitioned and to enjoin the defendants from committing waste by mining and removing from the lands the coal underlying the same. It alleged that one Matthew Pew was the owner of the lands in his lifetime, and that plaintiff became the owner of an one-half interest in the lands by purchase from .the adult heirs of said Pew. -
The defendants alleged that the land was the homestead of said Pew, and that it was occupied as such homestead by his widow, who…
2Cases cited22 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- Koen v. BartlettWest Virginia Supreme Court · 1895
- Burgett v. AppersonSupreme Court of Arkansas · 1889
- McCloy & Trotter v. ArnettSupreme Court of Arkansas · 1886
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
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3Cited by20 opinions
- Sargeant v. SargeantTexas Supreme Court · 1929
- Butler v. ButlerSupreme Court of Arkansas · 1928
- Drenttel v. Jensen-Carter (In Re Drenttel)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
- Moore v. VinesTexas Supreme Court · 1971
- In Re StrattonUnited States Bankruptcy Court, D. Oregon · 2001
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