Brignardello v. Cooper
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Jethro P. Henderson, Chancellor; 1. The mortgage was void. It was a homestead and the wife did not join in the execution of the mortgage nor acknowledge it. 94 Ark. 107; 26 L. R. A. (N. S.) 574; 57 Ark. 242; 60 Id. 270; 64 Id. 493; 71 Id. 286; 144 111. 203; 118 Iowa 458; 41 N. W. 317; 33 Kan. 53; 22 So. 134; 18 Id. 318; 108 Ark. 297; 69 Id. 596; 80 N. W. 1087. The residence of the husband is the residence of the wife. 29 Ark. 280; 27 Miss.…
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Appeal from Garland Chancery Court; Jethro P. Henderson, Chancellor; 1. The mortgage was void. It was a homestead and the wife did not join in the execution of the mortgage nor acknowledge it. 94 Ark. 107; 26 L. R. A. (N. S.) 574; 57 Ark. 242; 60 Id. 270; 64 Id. 493; 71 Id. 286; 144 111. 203; 118 Iowa 458; 41 N. W. 317; 33 Kan. 53; 22 So. 134; 18 Id. 318; 108 Ark. 297; 69 Id. 596; 80 N. W. 1087. The residence of the husband is the residence of the wife. 29 Ark. 280; 27 Miss. 704; 34 L. R. A. 287, and cases supra. 2. The. question is not res adjudieata, nor is the wife estopped. 94 Ark. 107.…
1Opinion of the CourtMcCulloch, C. J.
Appellant, Dominic Brignardello, an Italian by birtb, came to this country many years ago and left his wife and child in his native land. He settled in Memphis, Tennessee, and lived there several years and then moved to the city of Hot Springs, in this State, where he still resides. He became the owner of certain lots of real estate in Hot Springs, on which a house is situated, and he mortgaged the property to appellee, Cooper, to secure payment of a debt for borrowed money. His wife did not join in the conveyance. She had not come to this country at that time, and, according to the testimony…
2Cases cited9 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Sidway v. LawsonSupreme Court of Arkansas · 1893
- Stewart v. PritchardSupreme Court of Arkansas · 1911
- Newton v. RussianSupreme Court of Arkansas · 1905
- Farmers' Building & Loan Ass'n v. JonesSupreme Court of Arkansas · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McKenzie v. RumphSupreme Court of Arkansas · 1926
- Toll v. TollSupreme Court of Arkansas · 1922
- Nicholas v. WardSupreme Court of Arkansas · 1943
- Bothe v. GleasonSupreme Court of Arkansas · 1916