Legal Opinion

McGill v. Hughes

Supreme Court of Arkansas

Decided November 4, 1907PublishedCited by 7 opinions

Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; 1. The land in controversy was the homestead of appellant and her husband. At his death she became the owner for life, and no one could disturb her title or take possession, if she objected, except in the way pointed out by the Constitution.

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Appeal from Monroe Chancery Court; John M. Elliott, Chancellor; 1. The land in controversy was the homestead of appellant and her husband. At his death she became the owner for life, and no one could disturb her title or take possession, if she objected, except in the way pointed out by the Constitution. Art. 9, § § 6 and 3, Const. 1874. As to the right of appellee to foreclose the mortgage, the widow is a third person. 136 U. S. 379; 2 Ha. 125; 28 Ore. 74; 53 Ark. 259. 2. The right of action having accrued on January 1, 1900, and no credits having been indorsed on the margin of the record…

1Opinion of the CourtBattle, J.

On the third day of February, 1889, John W. McGill executed his promissory note to Henry A. McGill, and thereby promised to pay him the sum of $1,775.10 on the first day of January, 1900, and on the-same day executed to him a mortgage of certain lands then and there owned and occupied by the mortgagor as a homestead, with power to sell the lands in default of the payment of the note at its maturity. The mortgage was duly acknowledged, and was filed on the 4th day of February, 1899, for record. In the fall of 1902 the plaintiff in this suit and John W. McGill were married. On the third day of…

2Cases cited1 opinion

  1. Ross v. Frick Co.Supreme Court of Arkansas · 1904

3Cited by7 opinions

  1. Mueller v. LightSupreme Court of Arkansas · 1909
  2. Presnall v. Burgess & Co.Supreme Court of Alabama · 1913
  3. A. R. Bowdre & Co. v. PittsSupreme Court of Arkansas · 1910
  4. Wood v. BighamSupreme Court of Arkansas · 1926
  5. Henry A. Swan and Peggy Ann Swan v. Estate of Robert Roseman Monette by Ollie Monette, AdministratrixCourt of Appeals for the Eighth Circuit · 1968

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