Loy v. Stone
Supreme Court of Arkansas
Appeal from Independence Chancery Court; Geo. T. Humphries, Chancellor; Appellee is barred by the separation agreement. The property was evenly divided and fairly, and there was nothing but good faith and fair dealing. These separation agreements are valid and enforceable. The appellee has neither homestead nor dower right. 1 Woerner on Adm.
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Appeal from Independence Chancery Court; Geo. T. Humphries, Chancellor; Appellee is barred by the separation agreement. The property was evenly divided and fairly, and there was nothing but good faith and fair dealing. These separation agreements are valid and enforceable. The appellee has neither homestead nor dower right. 1 Woerner on Adm. (1 Ed.) 253; 12 L. R. A. (N. S.) 848; 53 Ark. 281; 104 N. Y. 418; 67 Ark. 15; 31 Id. 678; 97 Id. 217; 9 Id. 501-4; 92 Id. 66; 7 Id. 519. 1. Oral evidence was heard below and no bill of exceptions was filed. This court will presume that the decree is…
1Opinion of the CourtHart, J.
Mrs. John T. Stone instituted this * action in the chancery court against Marion Loy to recover possession of a certain tract of land. In her complaint she alleges that John T. Stone, her husband, died intestate, owning said lands as his homestead; that he left surviving him the plaintiff as his widow and several children, all adults; that the defendant had acquired his interest in the land by mesne conveyances from John T. Stone; that plaintiff did not join in any of these conveyances and did not relinquish her right of homestead to said land.
The defendant answered and denied that plaintiff…
2Cases cited5 opinions
- Rowe v. AllisonSupreme Court of Arkansas · 1908
- Bradley Lumber Co. v. HamiltonSupreme Court of Arkansas · 1913
- East v. KeySupreme Court of Arkansas · 1907
- Bloomer v. ConeSupreme Court of Arkansas · 1909
- Senter v. GreerSupreme Court of Arkansas · 1911
3Cited by2 opinions
- Hollaway v. Pocahontas Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1959
- Watson v. SuddothSupreme Court of Arkansas · 1945