Stanley v. Bonham
Supreme Court of Arkansas
APPEAL from Drew Circuit Court. Carroll D. Wood, Judge. This is a suit to enjoin the sale under execution of the plaintiff’s curtesy in the separare estate of his deceased wife_ At the hearing below a temporary injunction, which had been granted in the cause, was dissolved, and the complaint was dismissed. The court refused to award the defendant more than $¡10 damages upon the dissolution of the injunction, and both parties have appealed.
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APPEAL from Drew Circuit Court. Carroll D. Wood, Judge. This is a suit to enjoin the sale under execution of the plaintiff’s curtesy in the separare estate of his deceased wife_ At the hearing below a temporary injunction, which had been granted in the cause, was dissolved, and the complaint was dismissed. The court refused to award the defendant more than $¡10 damages upon the dissolution of the injunction, and both parties have appealed. Section 7, Article 9, of the Constitution of 1874, is as follows : “ The real and personal property of any femme covert in this State acquired either…
1Per curiam
Cortesy: Subject to execution, The husband's right of curtesy in the deceased wife’s statutory separate estate is subject to execution . „ _ , • i for the payment of his debts, just as the estate was at common law in lands held by the wife to her separate use and free from the husband’s debts. That is the logical deduction from the decision of Neely v. Lancaster; 47 Ark., 175. Whether the husband takes an estate freed from the right of the wife’s creditors to subject the property to the payment of her debts is not determined.
Damages: On dissolution of junction. As to the assessment of damages…
2Cited by4 opinions
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- Chicot Lumber Co. v. DardellSupreme Court of Arkansas · 1907
- Adcock v. CokerSupreme Court of Arkansas · 1912