Legal Opinion · Dissent

Spruill v. Spruill

Supreme Court of Arkansas

Decided January 23, 1967No. 5-4076Published

1DissentJohn A. Fogleman, Justice

I concur with the majority opinion in affirming the chancellor insofar as granting the divorce to Mr.. Spruill is concerned. But I must respectfully dissent from the affirmance of the trial court’s holding with reference to the real estate involved. It seems to me that the court is abandoning a rule followed by it for over eighty years, and upon which courts and the bar have relied for all that time.

In Ward v. The Estate of Ward, 36 Ark. 586, decided in 1880, it was held that the law would not imply a promise on the part of the wife to repay advances made by her husband in improving her real…

2Cases cited17 opinions

  1. Aycock v. BottomsSupreme Court of Arkansas · 1940
  2. Gibson v. TalleySupreme Court of Arkansas · 1943
  3. O'Hair v. O'HairSupreme Court of Arkansas · 1905
  4. Ward v. Estate of WardSupreme Court of Arkansas · 1880
  5. Wood v. WoodSupreme Court of Arkansas · 1911

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