Legal Opinion

Arnold v. McBride

Supreme Court of Arkansas

Decided March 31, 1906PublishedCited by 6 opinions

Appeal from Searcy Chancery Court; T. H. Humphreys, Chancellor; statement by the court. Plaintiff, N. J. McBride, brought this suit in equity against the defendant, Mary Arnold, a married woman, alleging that defendant was the owner, as her separate estate, of certain land described, which was under mortgage, and that on October 11, 1897, she borrowed from said plaintiff $4,418.27, and executed to him therefor seven notes with interest, one falling due each year thereafter,…

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Appeal from Searcy Chancery Court; T. H. Humphreys, Chancellor; statement by the court. Plaintiff, N. J. McBride, brought this suit in equity against the defendant, Mary Arnold, a married woman, alleging that defendant was the owner, as her separate estate, of certain land described, which was under mortgage, and that on October 11, 1897, she borrowed from said plaintiff $4,418.27, and executed to him therefor seven notes with interest, one falling due each year thereafter, the first five of said notes being for $735 each, and the last tWo for $369.76 each, and to secure said notes executed…

1Opinion of the Court

McCueeoch, J.,

(after stating the facts.) There is sufficient evidence to sustain the findings of the chancellor that the money was borrowed by the defendant for her own use, and the findings, not being against the clear preponderance of the evidence, will not be disturbed. Du Hadaway v. Driver, 75 Ark. 9; Sulek v. McWilliams, 72 Ark. 67; Greer v. Fontaine, 71 Ark. 605.

This court, in Sidway v. Nichols, 62 Ark. 154, said: “Our conclusion is that a married woman has, under the law, the right to purchase personal property, or borrow money for her separate use, and that the property purchased or…

2Cases cited3 opinions

  1. Greer v. FontaineSupreme Court of Arkansas · 1903
  2. Sulek v. McWilliamsSupreme Court of Arkansas · 1903
  3. Du Hadaway v. DriverSupreme Court of Arkansas · 1905

3Cited by6 opinions

  1. Vandeventer v. DavisSupreme Court of Arkansas · 1909
  2. Wheeler v. WendletonSupreme Court of Arkansas · 1946
  3. Moore v. BraselSupreme Court of Arkansas · 1934
  4. Landreth v. CareySupreme Court of Iowa · 1907
  5. Adair v. ArendtSupreme Court of Arkansas · 1916

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