Legal Opinion · Dissent

Morgan v. Green

Supreme Court of Arkansas

Decided March 20, 1978No. 77-315Published

1DissentJohn A. Fogleman, Justice

I dissent because I agree with the chancellor’s careful analysis of our decisions on the question involved. I also agree with the careful, thorough analysis of our cases by the Hon. John E. Miller, the distinguished Judge (now Senior Judge) of the Western District of Arkansas, in Bone v. United States, 238 F. S. 97 (1965). The majority’s categorical statement, that the phrase quoted simply means that the life tenant was given the right to sell, not his life estate, but the real estate, is simplistic and not supported by our decisions. Pearrow v. Vaden, 201 Ark. 1146, 148 S.W. 2d 320 cannot be…

2Cases cited12 opinions

  1. Giles v. LittleSupreme Court of the United States · 1881
  2. Archer v. PalmerSupreme Court of Arkansas · 1914
  3. Patty v. GoolsbySupreme Court of Arkansas · 1888
  4. Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1920
  5. Thoma v. CoatsSupreme Court of Oklahoma · 1952

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