Johnson v. Johnson
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John B. Martineau, ■ Chancellor; Under the statute the decree is erroneous. Kirby’s Dig., § 2707. There is no testimony that the dower could not be allotted in land, nor that it would be to the best interest of the parties that it be sold. The court’s finding is not conclusive, ■but this court will review the evidence to see if the findings are founded on facts disclosed by the evidence.
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Appeal from Lonoke Chancery Court; John B. Martineau, ■ Chancellor; Under the statute the decree is erroneous. Kirby’s Dig., § 2707. There is no testimony that the dower could not be allotted in land, nor that it would be to the best interest of the parties that it be sold. The court’s finding is not conclusive, ■but this court will review the evidence to see if the findings are founded on facts disclosed by the evidence. Moreover, the segregation of a part of the lands for sale negatives a finding that an allotment in kind cannot be made. The statute contemplates a sale of the entire realty,…
1Opinion of the CourtMcCulloch, C. J.
A. V. Johnson, a resident of Lonoke County, Arkansas, died intestate, leaving a widow, the plaintiff, Fannie L. Johnson, and several children who are minors. He owned one thousand acres of land in the counties of Lonoke and Prairie, and said widow instituted this proceeding in the chancery court of Lonoke County, seeking an assignment of her dower. She alleged in her complaint that “the greater portion of said lands are wild, uncleared and not in cultivation, and that it will be difficult to allot dower out of said estate without great prejudice to said petitioner or said heirs,” and that it…
2Cases cited5 opinions
- Hoback v. MillerWest Virginia Supreme Court · 1898
- Hill's Administrators v. MitchellSupreme Court of Arkansas · 1844
- Johnson v. JohnsonSupreme Court of Arkansas · 1907
- Tiner v. ChristianSupreme Court of Arkansas · 1871
- Pike v. Underhill'sSupreme Court of Arkansas · 1863
3Cited by8 opinions
- Webber v. WebberSupreme Court of Arkansas · 1998
- Gibson v. GibsonSupreme Court of Arkansas · 1979
- Atkinson v. Van EchauteSupreme Court of Arkansas · 1963
- In re the Estate of JonesSupreme Court of Arkansas · 1994
- Browning v. BergSupreme Court of Arkansas · 1938
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