Ogden v. Ogden
Supreme Court of Arkansas
Appeal from Crawford Circuit Court in Chancery. Hugh F. Thomason, Judge. 1. The deed of John B. Ogden to his wife was a nullity in law ; in equity, the legal title was held to remain in the husband in trust for his wife. 15 Ark., 519; 10 Pet. 583; Devlin on Deeds, sec. 108; Schouler, Dom. Rel. sec. 192. Jane B. Ogden’s interest was merely equitable, and her children inherited a right which they could only enforce in an equitable action asking equitable relief.
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Appeal from Crawford Circuit Court in Chancery. Hugh F. Thomason, Judge. 1. The deed of John B. Ogden to his wife was a nullity in law ; in equity, the legal title was held to remain in the husband in trust for his wife. 15 Ark., 519; 10 Pet. 583; Devlin on Deeds, sec. 108; Schouler, Dom. Rel. sec. 192. Jane B. Ogden’s interest was merely equitable, and her children inherited a right which they could only enforce in an equitable action asking equitable relief. An equitable interest cannot be made the foundation for ejectment or a possessory action in any form. Mansf. Dig. sec. 2627; 41 Ark.…
1Opinion of the CourtRiddick, J.
This was an action brought by appellees to recover possession of certain lots in the town of Van Burén. The appellees, who are the children of John B. Ogden, Sr., and his first wife, Jane Ogden, allege that their father, being the owner of the lots in controversy upon which his residence was located, conveyed the same to their mother. The mother of appellees died in 1866, and their, father afterwards married appellant, and continued to reside upon, and exercise acts of ownership over, the premises in question until his death in 1889. Appellees claim the land as heirs of their mother.
The…
2Cases cited4 opinions
- Jones v. CliftonSupreme Court of the United States · 1880
- Pindall v. TrevorSupreme Court of Arkansas · 1875
- Dyer v. BeanSupreme Court of Arkansas · 1855
- Jones v. FreedSupreme Court of Arkansas · 1883
3Cited by32 opinions
- Depue v. MillerWest Virginia Supreme Court · 1909
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Davis v. NealSupreme Court of Arkansas · 1911
- Watson v. HardinSupreme Court of Arkansas · 1910
- Stolz v. FranklinSupreme Court of Arkansas · 1975
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