Bowers v. Hutchinson
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court. Appellee, having enjoyed all the benefits of the contract, should not be suffered to repudiate it. 37 Am. Dec. 438. Contracts of separation are at the present time enforced in both England and America, without the intervention of a trustee. Macq. Hus. & Wife, 324, 329; Schouler, Dom. Eel. 471, 473; 3 Yesey, 352; Bright, Hus. & Wife, 306; Schoul. M. & D. 474; 37 Mich. 563; 9 Wall. 743; Bish. M. & D. § 1266; 5 IT.
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Appeal from Arkansas Circuit Court. Appellee, having enjoyed all the benefits of the contract, should not be suffered to repudiate it. 37 Am. Dec. 438. Contracts of separation are at the present time enforced in both England and America, without the intervention of a trustee. Macq. Hus. & Wife, 324, 329; Schouler, Dom. Eel. 471, 473; 3 Yesey, 352; Bright, Hus. & Wife, 306; Schoul. M. & D. 474; 37 Mich. 563; 9 Wall. 743; Bish. M. & D. § 1266; 5 IT. L. Cas. 59; 113 Mass. 255; 41 Barb. 92; Tiff. Dorn. Eel. 168, 169, 170; 24 Atl. 926; Bish. Cont. § 469, 490; Bish. M. D. & Sep. §§ 1264, 1265,…
1Opinion of the CourtBattle, J.
On the 7th day of June, 1876, John H.. Hutchinson and Jennie M. Martindale were married. On the 17th day of January, 1897, John H. Hutchinson departed this life intestate, at his late residence in Arkansas county, in this state, leaving Jennie M. Hutchinson, his widow, surviving, but no children. He died seized and possessed of real and personal property. On the 19th of January, 1897, Edward Bowers was duly appointed his administrator; and on the 14th of April, 1897, Jennie M. Hutchinson, his widow, applied to the Arkansas probate court for an assignment of her dower in his estate. The…
2Cases cited13 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Wilkins v. EllettSupreme Court of the United States · 1870
- Randall v. RandallMichigan Supreme Court · 1877
- Carson v. MurrayNew York Court of Chancery · 1831
- Walker v. Walker'sSupreme Court of the United States · 1870
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pryor v. PryorSupreme Court of Arkansas · 1908
- McConnell v. McConnellSupreme Court of Arkansas · 1911
- McCue v. McCueSupreme Court of Arkansas · 1946
- Ellis v. First National BankSupreme Court of Arkansas · 1924
- Carter v. YoungerSupreme Court of Arkansas · 1914
7 more not listed; retrieve them via the Exa API.