McWhirter v. Roberts
Supreme Court of Arkansas
APPEAL from Fulton Circuit Court in Chancery. Hon. E. H. Powell, Circuit Judge. 1. The action was not barred by limitation. Danley v. Danley, 22 Ark., 263; &tedham v. Matthews, 29 lb., 650; Livingston v. Cochran, 33 lb., 294. 2. The decree in the foreclosure suit was not an estoppel. The sole object was to foreclose the equity of redemption, and not to subject her dower right. There was no decree of sale of her dower. No issue was made as to her right to dower.
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APPEAL from Fulton Circuit Court in Chancery. Hon. E. H. Powell, Circuit Judge. 1. The action was not barred by limitation. Danley v. Danley, 22 Ark., 263; &tedham v. Matthews, 29 lb., 650; Livingston v. Cochran, 33 lb., 294. 2. The decree in the foreclosure suit was not an estoppel. The sole object was to foreclose the equity of redemption, and not to subject her dower right. There was no decree of sale of her dower. No issue was made as to her right to dower. See Washburne v. Real Property, Yol, 1, p. 236, /Sec. 18 and 19, 3rd Ed.) Smith v. Paysenger, 2 Const. 8. 0., 59; Siss v. Lawbach, 2…
1Opinion of the CourtEnglish, C. J.
On the 23d ©f August, 1880 Levica J. McWhirter and husband, G. W. McWhiiter, commenced this suit for dower in the Circuit Court of Fulton county, against Wilberson P. Roberts, W. L. Livingston, as administrator, and Ollie T. Davis and Mary Belle Davis, heirs at law of Starlin W. Davis, deceased.
The bill alleged, in substance, that Levica J. was the wife of Starlin W. Davis, who died intestate in'Fulton county, 30th of May, 1872. That during their coverture, and at the time of his death, he was seized and possessed of the north half of the southwest quarter of section one and the east half of…
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