Legal Opinion

Gantt v. Hildreth

Supreme Court of Arkansas

Decided April 5, 1909PublishedCited by 4 opinions

Appeal from Columbia Chancery Court; Bmon O. Mahoney, Chancellor; 1. This case is settled by 84 Ark. 335. All defects were cured by the Acts of 1907, p. 354. In this case there'were no vested rights intervening. 2. In deeds which contain no dower clause, a mere signing by the wife is held sufficient. It is not necessary for her to join in the granting clause. 57 Ark. 247; 87 Ark. 371. 1. The deed was never executed nor acknowledged as required by law.

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Appeal from Columbia Chancery Court; Bmon O. Mahoney, Chancellor; 1. This case is settled by 84 Ark. 335. All defects were cured by the Acts of 1907, p. 354. In this case there'were no vested rights intervening. 2. In deeds which contain no dower clause, a mere signing by the wife is held sufficient. It is not necessary for her to join in the granting clause. 57 Ark. 247; 87 Ark. 371. 1. The deed was never executed nor acknowledged as required by law. Acts 1887, p. 90. It was not cured by Acts 19°7, p. 354- 2. Hildreth died before the passage of the curative act, and his wife and children had…

1Opinion of the CourtBattle, J.

N. J. Gantt and T. P. Gantt, partners doing business under the firm name and style of Gantt Mercantile Company, and A. B. Henderson, trustee, instituted a suit against Ola Hildreth, the widow, and Bertha Hildreth, Chester Plildreth and Dewey Hildreth, heirs at law, of Will B. Hildreth, deceased, to foreclose a deed of trust executed by Will B. Hildreth in his lifetime, and by Ola Hildreth, his wife, to secure the payment of two promissory notes that were executed by Will B. Hildreth to the Gantt Mercantile Company. The deed of trust conveyed certain lands of Will B. Hildreth, which…

2Cases cited2 opinions

  1. Pipkin v. WilliamsSupreme Court of Arkansas · 1893
  2. Sledge & Norfleet Co. v. CraigSupreme Court of Arkansas · 1908

3Cited by4 opinions

  1. Ward v. StarkSupreme Court of Arkansas · 1909
  2. A. R. Bowdre & Co. v. PittsSupreme Court of Arkansas · 1910
  3. Mayfield v. SehonSupreme Court of Arkansas · 1943
  4. Shurn v. WilkinsonSupreme Court of Arkansas · 1917

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