Williamson v. Lazarus
Supreme Court of Arkansas
Appeal from Sevier Circuit Court Will P. Feazel, Judge.. STATEMENT BY THE COURT. Henry Lazarus brought this action of ejectment against H. C. Williamson and others to recover 160 acres of land. The land was at one time owned by E. H. Flanagin.
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Appeal from Sevier Circuit Court Will P. Feazel, Judge.. STATEMENT BY THE COURT. Henry Lazarus brought this action of ejectment against H. C. Williamson and others to recover 160 acres of land. The land was at one time owned by E. H. Flanagin. Flanagin sold it to I. Cohen, and executed and delivered to him the following deed: “Know all men by these presents, That we, E. H. Flanagin, of Sevier county, State of Arkansas, and Margaret A. Flanagin, his wife, for and in consideration of the sum of three hundred and thirteen 19-100 dollars, to us paid by I. Cohen, of Nashville, Arkansas, do hereby…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The land in controversy here was at one time the homestead of R. H. Flanagin. Flanagin sold it to Cohen, and his wife joined in the execution of the deed. The deed purports to convey an estate in fee simple to Cohen, but was invalid by reason of a defect in the acknowledgment. It does not show that the wife acknowledged the execution of the deed, but only that she had signed and sealed the relinquishment of dower. This deed was recorded before the passage of the curative act of March 11, 1891, and the only question here is whether it was affected by such…
2Cases cited1 opinion
- Johnson v. ParkerSupreme Court of Arkansas · 1888
3Cited by2 opinions
- Seawel v. DirstSupreme Court of Arkansas · 1902
- Rhea v. Planters' Mutual InsuranceSupreme Court of Arkansas · 1905