Chaplin v. Holmes
Supreme Court of Arkansas
APPEAL- EltOM CHICOT CIRCUIT COURT. IIon. Henry B. Morse, Circuit Judge. The demurrer should have been sustained. The statute is positive in requiring the affidavit to he made. See Gould’s Dig., Chap. 106, Secs. 6-9; and this statute has been sustained and enforced in such a case as- this: Craig vs. Flcmigin, 21 Ark., 319. This decision standing, the case should be reversed : Pope vs. Mason, 23 Ark., 644. First.
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APPEAL- EltOM CHICOT CIRCUIT COURT. IIon. Henry B. Morse, Circuit Judge. The demurrer should have been sustained. The statute is positive in requiring the affidavit to he made. See Gould’s Dig., Chap. 106, Secs. 6-9; and this statute has been sustained and enforced in such a case as- this: Craig vs. Flcmigin, 21 Ark., 319. This decision standing, the case should be reversed : Pope vs. Mason, 23 Ark., 644. First. A married woman may sue alone where the action concerns her separate property. See Code, Sec. 42. And, independent of the Code, she may bring a hill respecting such property: Story…
1Opinion of the CourtHarrison, J.
This was a complaint in equity, in the Chicot Cii’cuit Court, by Rebecca A. Ilolmes, the wife of Newland Holmes, against Hanson A. Chaplin, .the object of which was to set aside and cancel two tax, deeds, and remove the- clouds of the same from her title.
The substance of the complaint was, That she is the owner of certain lands 'in Chicot county, as her separate property, which were assessed in the year 1866, in the name of John B. Robinson, a non-resident; that the taxes not having been paid, nor the lands offered for sale, on the second Monday in March, 1867, the judge, and .other members…
2Cases cited1 opinion
- Livingston v. HollenbeckNew York Supreme Court · 1847
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- Haggart v. Chapman & Dewey Land Co.Supreme Court of Arkansas · 1906
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