Welch v. McKenzie
Supreme Court of Arkansas
' Appeals from Tell Circuit Court in Chancery, Dardanelle District. Jeremiah G-. Wallace, Judge. The widow is entitled to dower in all lands whereof her husband was seized as an estate of inheritance during marriage unless released by her in legal form. Sand. & H. Dig. §§ 2520, 2552; 31 Ark. 557; 2 Woerner, Adm. 1074 and note; 5 Am. & Eng. Enc. Law, 912, notes 14 and 15; 21 Ark. 347. Dower can not be released by parol. 21 Ark. 62; 4 Lead. Cases, Am.
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' Appeals from Tell Circuit Court in Chancery, Dardanelle District. Jeremiah G-. Wallace, Judge. The widow is entitled to dower in all lands whereof her husband was seized as an estate of inheritance during marriage unless released by her in legal form. Sand. & H. Dig. §§ 2520, 2552; 31 Ark. 557; 2 Woerner, Adm. 1074 and note; 5 Am. & Eng. Enc. Law, 912, notes 14 and 15; 21 Ark. 347. Dower can not be released by parol. 21 Ark. 62; 4 Lead. Cases, Am. Law Real Prop. 521. Never having been evicted, appellees could not have sued on the warranty. 3 Washb. Real Prop. 478; 90 N. J. 298; 112 Mass. 8;…
1Opinion of the CourtHughes, J.
These suits were brought by appellant, on the chancery side of the Yell circuit court for the. Dardanelle district, to the February term, 1896, for dower in certain lands and town lots owned by her deceased husband, C. W. Welch, and by him sold and conveyed during coverture without procuring her relinquishment of dower therein.
On the hearing in the court below, the two cases mentioned in No. 3671 were consolidated. To the same term six other suits were brought by appellant for dower, which were consolidated by agreement, all of which eight cases were submitted and argued together in the court…
2Cases cited2 opinions
- Ferguson v. HanauerSupreme Court of Arkansas · 1892
- Drewry v. MontgomerySupreme Court of Arkansas · 1873
3Cited by7 opinions
- Sutton v. McClainSupreme Court of Arkansas · 1936
- Bonner v. CoburnSupreme Court of Arkansas · 1924
- Gabby v. Roberts, Master CommissionerCourt of Appeals of Kentucky (pre-1976) · 1931
- Gates v. FlanaginSupreme Court of Arkansas · 1930
- Fowler v. FranklinSupreme Court of Arkansas · 1941
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