Gibson v. Gibson

I disagree with the majority for in my view the partition proceedings in probate court are res judicata of the issues here — i.e. if the widow desired to have her dower rights reduced to their present value pursuant to Ark. Stat. Ann. § 34-1801 (Supp. 1977) such proceeding should have been requested when the parties were there arguing about whether the partition of the dower could be equitably laid out.

The majority suggests that the probate court does not have constitutional jurisdiction to partition lands and cites as authority Johnson v. Johnson, 92 Ark. 292, 122 S.W. 656 (1909). However,…