Beal-Burrow Dry Goods Co. v. Kessinger
Supreme Court of Arkansas
Appeal from Cleburne Chancery Court; George T. Humphries, Chancellor; 1. It was error to sustain the demurrer. The court had jurisdiction. The widow’s dower was assignable and enforceable by the assignee. 2 Lawson, Bights, Bern. & Pr., § 773; 12 Ind. 37; 74 Am. Dec. 200; Kirby’s Digest, § 2708; 62 Ark. 61; 2 Scribner on Dower, 42, 47; § § 33, 38; 84 Ark. 558. 1. The court was without jurisdiction. Kirby’s Digest, § 1340. 2. Appellant’s remedy at law was adequate.
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Appeal from Cleburne Chancery Court; George T. Humphries, Chancellor; 1. It was error to sustain the demurrer. The court had jurisdiction. The widow’s dower was assignable and enforceable by the assignee. 2 Lawson, Bights, Bern. & Pr., § 773; 12 Ind. 37; 74 Am. Dec. 200; Kirby’s Digest, § 2708; 62 Ark. 61; 2 Scribner on Dower, 42, 47; § § 33, 38; 84 Ark. 558. 1. The court was without jurisdiction. Kirby’s Digest, § 1340. 2. Appellant’s remedy at law was adequate. Kirby’s Digest, § 2708; 116 Ark. 400, 427; Bisph. Eq. (7 ed.), § 37; 27 Ark. 97; lb. 157; 32 Id. 478; 109 Id. 171; 106 Id. 552. 3.…
1Opinion of the Court
HART, J.,
(after stating the facts). (1) Under our statutes the widow is entitled, as part of her dower, absolutely in her own right, to one-third of the personal estate. Kirby’s Digest; § 2708. The statute gives the widow an absolute estate in the personal property which vests immediately upon the death of the husband. She takes absolutely an undivided one-third interest in the personal property and immediately upon the death of her husband her interest becomes subject to transmission by conveyance or inheritance. She therefore had a right to assign her dower in the personalty to the…
2Cases cited2 opinions
- Jones v. Bank of CommerceSupreme Court of Arkansas · 1917
- Johnson v. JohnsonSupreme Court of Arkansas · 1907
3Cited by4 opinions
- Wilson v. BilesSupreme Court of Arkansas · 1926
- Shields v. ShieldsSupreme Court of Arkansas · 1931
- Marsh v. MarshSupreme Court of Arkansas · 1959
- Texarkana-Forest Park Paving, Water, Sewer and Gas District No. 1 v. State Use Miller County.Supreme Court of Arkansas · 1934