Legal Opinion

Felkner v. Tighe

Supreme Court of Arkansas

Decided November 15, 1882PublishedCited by 3 opinions

APPEAL from Lonoke Circuit Court in Chancery. Hon. J. 'W. Martin, Circuit Judge. Eor the rule prior to 1874, see. art. 12, sec. 6, Const. 1868; 29 Ark., 346, 650 ; 30 ib., 385, 727 ; 32 ib., 777; 33 ib., 432. The object of the Constitution of 1874, art- 10, sec: 7, was to confer upon femme coverts an additional means of acquiring property, by adding “grant” and power, and capacity, to make present disposition, by adding “ conveyed.”

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APPEAL from Lonoke Circuit Court in Chancery. Hon. J. 'W. Martin, Circuit Judge. Eor the rule prior to 1874, see. art. 12, sec. 6, Const. 1868; 29 Ark., 346, 650 ; 30 ib., 385, 727 ; 32 ib., 777; 33 ib., 432. The object of the Constitution of 1874, art- 10, sec: 7, was to confer upon femme coverts an additional means of acquiring property, by adding “grant” and power, and capacity, to make present disposition, by adding “ conveyed.” B.efore— without a statutory conveyance — she could only devise or bequeath. The Constitution of 1868, and Gantt’s Digest, secs. 838, 849, and act of April 28,…

1Opinion of the CourtSmith, J.

The bill in this case alleges that Margaret Tighe, a married woman, was seized and possessed of a tract of forty acres of land, in her sole and separate right; and that on the eighteenth of February, 1878, she agreed and bound herself in writing to sell and convey the same. to Eelkner, for the consideration of $400 ; whereof $20 was paid in cash, $280 were to be paid on the first of March, 1878, and the remainder in one year from the date of said contract; that Eelkner was let into possession under said contract; but before the installment of $280 became due, Mrs. Tighe had died, and payment…

2Cases cited2 opinions

  1. Love v. WatkinsCalifornia Supreme Court · 1871
  2. Kingsley v. GilmanSupreme Court of Minnesota · 1870

3Cited by3 opinions

  1. Gilkerson-Sloss Commission Co. v. SalingerSupreme Court of Arkansas · 1892
  2. Sparks v. MooreSupreme Court of Arkansas · 1899
  3. In re SuckleDistrict Court, E.D. Arkansas · 1910

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