Polk v. Stephens
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; STATEMENT BY THE COURT. Appellees brought suit in ejectment, claiming to be the owners of certain lands in Clay county, of which it was alleged appellant was in the wrongful possession. They deraigned title from a deed from their father, Wm. Stephens, executed on the 21st day of July, 1898, and alleged that defendant claimed through and under a deed of later date from the same grantor.
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Appeal from Clay Circuit Court, Western District; J. F. Gautney, Judge; STATEMENT BY THE COURT. Appellees brought suit in ejectment, claiming to be the owners of certain lands in Clay county, of which it was alleged appellant was in the wrongful possession. They deraigned title from a deed from their father, Wm. Stephens, executed on the 21st day of July, 1898, and alleged that defendant claimed through and under a deed of later date from the same grantor. Appellant answered denying the allegations of the complaint that the lands were conveyed to appellees by Wm. Stephens on the 21st day of…
1Opinion of the CourtKirby, J.
(after stating the facts). Appellant contends that the deed under which appellees claimed title was absolutely void, having been made to convey the grantor’s homestead to his wife and children without the wife joimng therein.
The statute provides, section 3901,Kirby’s Digest: “No conveyance or other instrument affecting the homestead of any married man, shall be of any validity except for taxes, laborers’ and mechanics’ liens, and the purchase money, unless his wife joins in the execution of such instrument, and acknowledges the same. ”
In Kindley v. Spraker, 72 Ark. 228, the court held that a…
2Cases cited1 opinion
- Kindley v. SprakerSupreme Court of Arkansas · 1904
3Cited by10 opinions
- Schofield v. GoldArizona Supreme Court · 1924
- Mobley v. Conway County CourtSupreme Court of Arkansas · 1963
- Hand v. Northwestern National Insurance Co.Supreme Court of Arkansas · 1973
- Ryan v. RoopSupreme Court of Arkansas · 1949
- Martin v. BarnumCourt of Appeals of Texas · 1926
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