Smith v. Howell
Supreme Court of Arkansas
APPEAL from Crittenden Circuit Court in Chancery. J. E. Riddick, Judge. Howell conveyed the fee in certain land which he owned to Pickett, but his wife did not join therein nor relinquish her dower. Subsequently Howell mortgaged the same land to secure an indebtedness to Smith, his wife relinquishing dower. Howell died.
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APPEAL from Crittenden Circuit Court in Chancery. J. E. Riddick, Judge. Howell conveyed the fee in certain land which he owned to Pickett, but his wife did not join therein nor relinquish her dower. Subsequently Howell mortgaged the same land to secure an indebtedness to Smith, his wife relinquishing dower. Howell died. Smith sued Pickett and Mrs. Howell, stating the foregoing facts and that Pickett was in possession of the land, and asked that Mrs. Howell’s dower be assigned and sold to pay the secured indebtedness. The court sustained a demurrer to the complaint. Plaintiff appealed. Dower,…
1Opinion of the CourtHemingway, J.
It is provided by the statutes of Arkansas, that a married woman may relinquish her dower in any real estate of her husband by joining with him in a deed of conveyance thereof. Mansf. Dig., sec. 649.
Under this statute it has been ruled that a married woman could relinquish dower only by joining her husband in a conveyance to a third person; and that an instrument executed by her alone, whereby she undertook to relinquish dower to a third person or to her husband, would be inoperative. Witter v. Bisco, 13 Ark., 423; Pillow v. Wade, 31 Ark., 678.
Relinquishment of dower is inoplneffectualThe…
2Cases cited4 opinions
- Blain v. HarrisonIllinois Supreme Court · 1849
- Witthaus v. . SchackNew York Court of Appeals · 1887
- Stinson v. SumnerMassachusetts Supreme Judicial Court · 1812
- Hinchliffe v. . SheaNew York Court of Appeals · 1886
3Cited by10 opinions
- Hatcher v. BufordSupreme Court of Arkansas · 1895
- Tatum v. TatumSupreme Court of Arkansas · 1927
- Lecroy v. Cook, Commissioner of RevenuesSupreme Court of Arkansas · 1947
- State v. BoneySupreme Court of Arkansas · 1922
- Roetzel v. BealSupreme Court of Arkansas · 1938
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