Neelly v. Lancaster
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. Under our present constitution and laws the husband has no curtesy.
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APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. Under our present constitution and laws the husband has no curtesy. Art. 9, sec. 7, Const. 1874; 13 Ark., 483; Cooley’s Blackstone, vol. 1, top p. 126 and notes; 36 Ark., 333; lb., 386; 43 Id., 28; lb., 136; lb., 160. Under the constitution of 1874 the wife may convey or devise her property as if she were a femme sole and thus defeat her husband’s curtesy, but unless she does so, the curtesy attaches on her death. See 44 Ark., 133; 43 Id., 427; 36 Id,, 333; Kelly Cont. Mar. Women, pp. 94-3,109 to 117; 63 III., 132; 31 Id.,…
1Opinion of the CourtCockrill, C. J.
The action in this case is ejectment. Mary Jane Wicker acquired title to the lands in controversy by descent from her father in 1861. In 1881, being still seized in fee of the lands, she intermarried with John L. Lancaster, the appellee. A child, capable of inheriting the estate, was born-alive of this marriage, and in 1883 the wife died without living issue, and without making or attempting to make any disposition of the land. The husband continued in possession, when the appellant, who is admitted to be the vendee of the rightful heir at law, brought this action against him. The appellee,…
2Cases cited6 opinions
- Bertles v. . NunanNew York Court of Appeals · 1883
- Martin v. RobsonIllinois Supreme Court · 1872
- Hitz v. National Metropolitan BankSupreme Court of the United States · 1884
- Hatfield v. . SnedenNew York Court of Appeals · 1873
- Tremmel v. KleiboldtSupreme Court of Missouri · 1881
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3Cited by11 opinions
- Branch v. PolkSupreme Court of Arkansas · 1895
- Marlin v. LewallenSupreme Court of the United States · 1928
- Moore v. DensonSupreme Court of Arkansas · 1924
- Smith v. MaberrySupreme Court of Arkansas · 1921
- Johnson v. SimpsonSupreme Court of Oklahoma · 1914
6 more not listed; retrieve them via the Exa API.