Owens v. Jabine
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. To constitute curcesy, there must be a lawful marriage, seizin in fact or in law, in the wife, birth of issue and death of wife. All the facts are clearly proved. 47 Ark. 175; 21 Id. 601; 15 Id. 585; 63 Id. 254; 64 Id. 356; Tiedeman on Real Property, pp. 106-7; 2 Minor’s Inst. 121; 8 Cyc. 510; Wash, on Real Prop., PP- 174-5; 49 Nans. 49;-55 Iowa 256; 3 Oh. St. 377; 1 Pet.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. To constitute curcesy, there must be a lawful marriage, seizin in fact or in law, in the wife, birth of issue and death of wife. All the facts are clearly proved. 47 Ark. 175; 21 Id. 601; 15 Id. 585; 63 Id. 254; 64 Id. 356; Tiedeman on Real Property, pp. 106-7; 2 Minor’s Inst. 121; 8 Cyc. 510; Wash, on Real Prop., PP- 174-5; 49 Nans. 49;-55 Iowa 256; 3 Oh. St. 377; 1 Pet. (U. S.) 507. In this State title is substituted for seizin. 15 Ark. 585; 120 Ill. 638-9; Williams on Real Prop. (4 Ed.), Appendix “E,” 491, 502. 2. Dower is…
1Opinion of the Court
Battle, j.
This action was brought by E. J. Owens against Mary E. ani Eucian Jabine in the Pulaski Circuit Court to recover possession of a certain part of lot 7 in block 117 in the city of Eittle Rock, Arkansas. He alleges in his complaint chat he owns an estate by the curtesy in lots 7, 8 and 9 in block 117 in the city of Eittle Rock, that these lots were owned by Edmund O’Connor in his lifetime, and were occupied by him and his family when he died in 1862, leaving surviving him Mary O’Connor, his widow, and Margarett O’Connor, his daughter, then an infant two years old. That Mrs. O’Connor…
2Cases cited3 opinions
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Chew v. Commissioners of SouthwarkSupreme Court of Pennsylvania · 1835
- Wassell v. TunnahSupreme Court of Arkansas · 1867
3Cited by4 opinions
- Sadler v. CampbellSupreme Court of Arkansas · 1921
- Howze v. HutchensSupreme Court of Arkansas · 1948
- O'Connell v. SewellSupreme Court of Arkansas · 1935
- United States v. NormanDistrict Court, W.D. Arkansas · 1960