Allen v. Hightower
Supreme Court of Arkansas
Appeal from the Circuit Court of Yell County in Chancery. Hon. John J. Clendbnin, Circuit Judge. We contend that the husband’s deposition was inadmissible for any purpose, and that admitting the truth of the allegations in the bill, the husband held a life-estate in the lands. No objections having been taken to the deposition of the husband at the heaving, it is too late to raise any objection in this court.
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Appeal from the Circuit Court of Yell County in Chancery. Hon. John J. Clendbnin, Circuit Judge. We contend that the husband’s deposition was inadmissible for any purpose, and that admitting the truth of the allegations in the bill, the husband held a life-estate in the lands. No objections having been taken to the deposition of the husband at the heaving, it is too late to raise any objection in this court. Me Carrón vs. Cassidy, 18 Ark. 34. That the wife may hold separate property in her own right, independent of her husband and not subject to his debts. Reeves’ Bom. Rel. 162, and…
1Opinion of the CourtChief Justice English
The bill in this case was filed by Elizabeth J. Hightower, by her next friend, against the appellant, Allen, and her husband, Devereux Hightower, to remove a cloud from a title to lands claimed by her as her separate property.
The bill alleges that the lands in question were entered by Mrs. Hightower, at the United States Land Office, with means belonging to her in her separate right, and the titles taken in her name.
That they were afterwards levied on and sold under a judgment and execution against her husband, and purchased by Allen, who obtained the sheriff’s deed therefor, and who was…
2Cases cited1 opinion
- McCarron v. CassidySupreme Court of Arkansas · 1856
3Cited by2 opinions
- Apperson & Co. v. FordSupreme Court of Arkansas · 1861
- Chaffe & Bro. v. OliverUnited States Circuit Court · 1880