Walker v. Jessup
Supreme Court of Arkansas
APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. 1. The sale was never reported to nor confirmed by the Probate Court, nor was any deed brought into court. 38 Ark, 80, 81. 2. A married woman cannot bind herself by promissory note or writing obligatory to pay for land. Ghalla v. Temple 39 Ark) 29 Ark, 351; 35 Ark, 365. Nor has the Constitution of 1874, nor the married woman’s Act since, enlarged her power to contract.
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APPEAL from Yell Circuit Court. Hon. G. S. Cunningham, Circuit Judge. 1. The sale was never reported to nor confirmed by the Probate Court, nor was any deed brought into court. 38 Ark, 80, 81. 2. A married woman cannot bind herself by promissory note or writing obligatory to pay for land. Ghalla v. Temple 39 Ark) 29 Ark, 351; 35 Ark, 365. Nor has the Constitution of 1874, nor the married woman’s Act since, enlarged her power to contract. She may convey as a feme sole, but cannot bind herself by executing contracts. 38 Ark, 57 ; 36 lb., 555, 386, 367; Fellmer v. Fighe, 39 Ark See also 35 Ark.,…
1Opinion of the CourtSmith, J.
Jessup as admistrator of the estate of one Harrell, filed this bill in Chancery against Mrs. Walker, alleging that he, in his representative character and hy virtue of authority from the Probate Court, had exposed to sale by public auction upon a credit, certain lauds of his intestate ; that the defendant became the purchaser at the price of $1280, receiving a certificate of purchase, and executing her bond for the purchase-money with her husband and another as sureties; that the term of credit had expired and nothing had been paid. The prayer was for a personal judgment against the defendant…
2Cases cited2 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Nash v. . MitchellNew York Court of Appeals · 1877
3Cited by3 opinions
- Hoffman v. McFaddenSupreme Court of Arkansas · 1892
- Mason v. AtkinsSupreme Court of Arkansas · 1905
- Holland v. BondSupreme Court of Arkansas · 1916