Legal Opinion

Roberts v. Roberts

Supreme Court of Arkansas

Decided November 5, 1917PublishedCited by 7 opinions

Appeal from Lonoke Chancery Court; John E. Martineau, Chancellor; 1. The sole purpose of the conveyance was to defraud plaintiff of her dower rights, and the fraud was participated in by both grantor and grantee. The deed’ is void. 191 S. W. 963; 40 Cyc. 1164; 10 Col. App. 443; 14 Cyc. 944 ; 9 R. C. L. 591; 1 Scribner on Dower, 588; 4 Pom. Eq. Jur., § 1383; 7 N. D. 475; 41 L. R. A. 258; 219 111. 146; 43 Ky. (43 Mon.) 215; 39 Am. Dec. 501. See also, 65 Am.

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Appeal from Lonoke Chancery Court; John E. Martineau, Chancellor; 1. The sole purpose of the conveyance was to defraud plaintiff of her dower rights, and the fraud was participated in by both grantor and grantee. The deed’ is void. 191 S. W. 963; 40 Cyc. 1164; 10 Col. App. 443; 14 Cyc. 944 ; 9 R. C. L. 591; 1 Scribner on Dower, 588; 4 Pom. Eq. Jur., § 1383; 7 N. D. 475; 41 L. R. A. 258; 219 111. 146; 43 Ky. (43 Mon.) 215; 39 Am. Dec. 501. See also, 65 Am. St. 350; 134 Ind. 350; 96 N. W. 900,; 63 Oh. St. 125; 6 N. J. Eq. (2 Halst.) 515; 60 W. Ya. 9; 1 Ann. Gas. 856;. 54 How. Pr. 228; 10 Hun…

1Opinion of the CourtSmith, J.

This was a suit brought by appellant

to set aside a deed which 'she alleged was executed in fraud of her marital rights. She alleged that she was the widow of Thomas Roberts, whom she married on January 12, 1911, and who died June 4, 1913. It was alleged that prior to their marriage Roberts had owned seven lots in the town of Carlisle, in Lonoke County, and that the ownership of said property was, in part, the inducement for her marriage. That Roberts, during their marriage negotiations, represented to her that he owned that property, and that on January 11, 1911, the day before the marriage,…

2Cases cited3 opinions

  1. Dearmond v. DearmondIndiana Supreme Court · 1858
  2. Collins v. CollinsCourt of Appeals of Maryland · 1904
  3. West v. WestSupreme Court of Arkansas · 1915

3Cited by7 opinions

  1. O'Connor v. PattonSupreme Court of Arkansas · 1926
  2. Renn v. RennSupreme Court of Arkansas · 1944
  3. Davis v. DavisSupreme Court of Florida · 1957
  4. Harrison v. HarrisonSupreme Court of Arkansas · 1939
  5. Barnett v. BarnettSupreme Court of Arkansas · 1946

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