Legal Opinion

Johnson v. Bates

Supreme Court of Arkansas

Decided April 8, 1907PublishedCited by 4 opinions

Appeal from Craighead Chancery Court; Edward D. Robertson, Chancellor; 1. It was error to award alimony in gross out of the real estate of the appellant by awarding to appellee a life estate in one-half of the real estate and .sufficient woodlands to maintain the farm. 24 Ark. 533; 38 Ark. 324; Id. 477; 37 Wis. 217. 2. As to the woodlands, the allowance was void for uncertainty.

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Appeal from Craighead Chancery Court; Edward D. Robertson, Chancellor; 1. It was error to award alimony in gross out of the real estate of the appellant by awarding to appellee a life estate in one-half of the real estate and .sufficient woodlands to maintain the farm. 24 Ark. 533; 38 Ark. 324; Id. 477; 37 Wis. 217. 2. As to the woodlands, the allowance was void for uncertainty. Appellant having died, the cause should be abated, and the estate should be distributed according to the respective rights of the widow and heirs.

1Opinion of the CourtRiddick, J.

This is an action brought by Mrs. Bates against her husband, A. J. Bates, in which she alleges that defendant has grown neglectful of his family and home, that he remains away most of his time, preferring the society of other women to that of plaintiff, and that he is now selling and disposing of his property with a view to permanently deserting his home and family, and she asks that the court make provision out of his estate for the maintenance of herself and family, but she does not ask for a divorce.

The court made a decree in which, among other things, he allotted and assigned to the…

2Cited by4 opinions

  1. Neal v. NealSupreme Court of Arkansas · 1975
  2. Bradshaw v. SullivanSupreme Court of Arkansas · 1923
  3. Warfield v. WarfieldSupreme Court of Arkansas · 1910
  4. Sutter, Guardian v. RippeSupreme Court of Arkansas · 1944

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