Legal Opinion · Concurrence
Hawkins v. Corbit
Supreme Court of Oklahoma
Decided October 4, 1921No. 10190Published
Error from District Court, Okmulgee County; Mark L. Bozarth, Judge. Action by Dan Hawkins and Beatrice Hawkins against A. Corbit and Joe Bryant (o cancel certain deeds affecting the title to the homestead of the plaintiffs. Judgment for defendants, and plaintiffs appeal.
1ConcurrenceLadd, J.
“The separate deed of the husband, and the separate deed of the wife, are alike ineffectual to pass the homestead right. By the plain terms of the statute, neither can have any effect upon it. It seems to follow that the separate deeds of. both must be equally ineffectual. The statute created a‘ new and somewhat peculiar estate — an inchoate right in which the wife and minor children, as well as the husband, have an interest. It provides the exact mode in which that right may be released or conveyed.”
In Howell, Jewett & Co. v. McCrie, 36 Kan. 636, 14 Pac. 257, the very able, logical, and…
2Cases cited18 opinions
- Morris v. WardSupreme Court of Kansas · 1869
- Baker v. WestcottTexas Supreme Court · 1889
- Tarrant v. SwainSupreme Court of Kansas · 1875
- Chambers v. CoxSupreme Court of Kansas · 1880
- Helm v. HelmSupreme Court of Kansas · 1873
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