Kirkpatrick v. Buford
Supreme Court of Arkansas
Appeal from Ashley Circuit Court in Chancery. Hon. Theodoric F. Sorrells, Circuit Judge. It is alleged and admitted that the land sought to be enjoined from sale, was the complainant’s separate property, purchased with her sole and separate money, made so by marriage contract. The suit was brought by the wife, by her husband as next friend — he consented to act as such — knew the object of the bill — consented to it as drawn, and may therefore be considered as a party to it.
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Appeal from Ashley Circuit Court in Chancery. Hon. Theodoric F. Sorrells, Circuit Judge. It is alleged and admitted that the land sought to be enjoined from sale, was the complainant’s separate property, purchased with her sole and separate money, made so by marriage contract. The suit was brought by the wife, by her husband as next friend — he consented to act as such — knew the object of the bill — consented to it as drawn, and may therefore be considered as a party to it. The husband had a direct interest in the subject matter of the suit, and should have been made a party. Story's Eq. PI.…
1Opinion of the CourtJustice Compton
The appellant, Ann P. Kirkpatrick, by her next friend Elijah Kirkpatrick, exhibited her bill in the Ashley Circuit Court to enjoin the sale of certain lands, levied on as the property of her husband, Elijah Kirkpatrick, to satisfy a judgment which the appellees, Buford & Pugh, had recovered against him.
The bill charges that by ante-nuptial settlement, made in the State of Georgia, by and between Mrs. Kirkpatrick and the said Elijah, certain articles of household furniture were settled upon her, to her sole and separate use, free from the control of her husband, and exempt from his…
2Cases cited2 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Shirley v. ShirleyNew York Court of Chancery · 1841
3Cited by2 opinions
- King v. ClaySupreme Court of Arkansas · 1879
- Eddins v. BuckSupreme Court of Arkansas · 1861