Warner v. Hess
Supreme Court of Arkansas
Appeal from Independence Circuit Court in Chancery. Richard H. Powell, Judge. A femme covert can bind herself by such contracts only as relate to her separate estate. 17 Ark. 194; 30 Ark. 729; ib. 17; ib. 385; 32 Ark. 776; 35 Ark. 372; 36 Ark. 476; 39 Ark. 242; ib. 360; 43 Ark. 166; 53 Ark. 511. A complaint, founded upon a married woman’s contract, must show that the contract was such a one as the woman could make. 29 Ark. 351; 35 Ark. 270; 39 Ark. 242; 36 Ark. 479. Failure…
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Appeal from Independence Circuit Court in Chancery. Richard H. Powell, Judge. A femme covert can bind herself by such contracts only as relate to her separate estate. 17 Ark. 194; 30 Ark. 729; ib. 17; ib. 385; 32 Ark. 776; 35 Ark. 372; 36 Ark. 476; 39 Ark. 242; ib. 360; 43 Ark. 166; 53 Ark. 511. A complaint, founded upon a married woman’s contract, must show that the contract was such a one as the woman could make. 29 Ark. 351; 35 Ark. 270; 39 Ark. 242; 36 Ark. 479. Failure of complaint to state a cause of action can be raised at any time. 44 Ark. 60; ib. 205; 49 Ark. 278; 62 Ark. 138; 18…
1Opinion of the CourtBattle, J.
On the sixth day of August, 1894, W. T. Warner and his wife, Addie L. Warner, executed to T. M. Hess their joint and several promissory note, for the sum of $1,564.20 and ten per centum per annum interest thereon from date until paid. At the same time they executed a deed of trust conveying to Simon Adler certain lands in trust to secure the payment of the note. Hess brought this action against Warner and his wife upon the note and deed of trust, and asked for a judgment against them for the amount due on the note, and for a decree foreclosing the deed of trust. He alleged in his complaint…
2Cases cited9 opinions
- Vogel v. LeichnerIndiana Supreme Court · 1885
- Cupp v. CampbellIndiana Supreme Court · 1885
- Frecking v. . RollandNew York Court of Appeals · 1873
- Conner v. AbbottSupreme Court of Arkansas · 1880
- Emmett v. YandesIndiana Supreme Court · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Medlock v. Fort Smith Service Finance Corp.Supreme Court of Arkansas · 1991
- Whitford v. WhitfordSupreme Court of Arkansas · 1911
- Thompson v. HickmanSupreme Court of Arkansas · 1924
- Culberhouse v. HawthorneSupreme Court of Arkansas · 1913
- Dowell v. SlaughterSupreme Court of Arkansas · 1932
3 more not listed; retrieve them via the Exa API.