Polk v. Brown
Supreme Court of Arkansas
Appeal from Clay Chancery Court; Charles D. Frierson, Chancellor; STATEMENT BY THE COURT. This action was instituted in 'the 'chancery court by Malissa Brown against W. D. Polk for allotment of dower in a certain tract of land which she alleged was owned by her husband in his lifetime, and sold by 'him during coverture without relinquishment of her dower rights.
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Appeal from Clay Chancery Court; Charles D. Frierson, Chancellor; STATEMENT BY THE COURT. This action was instituted in 'the 'chancery court by Malissa Brown against W. D. Polk for allotment of dower in a certain tract of land which she alleged was owned by her husband in his lifetime, and sold by 'him during coverture without relinquishment of her dower rights. The facts are as follows: There is in the record a deed-from Henry Brown and Malissa C. Brown, his wife, to John T. Miller and H. C. Redwine. The deed is a warranty deed in common form and was executed on the 30th day of -December,…
1Opinion of the Court
Hart, J.,
(after stating the facts). In the case of Donahue v. Mills, 41 Ark. 421, the court said that it was the settled doctrine of this court that though a wife may show against all the'world that she never made any acknowledgment at all, and that the 'certificate is either a forgery or an entire fabrication of the officer, yet if she has actually made some kind of acknowledgment before an officer qualified to take it, his certificate will be conclusive as to the terms of the concomitant circumstances, in favor of all persons, who, themselves, innocent of fraud or of collusion to deceive or…
2Cases cited3 opinions
- Donahue v. MillsSupreme Court of Arkansas · 1883
- Bell v. CastelberrySupreme Court of Arkansas · 1910
- Petty v. GrisardSupreme Court of Arkansas · 1885
3Cited by14 opinions
- Miles v. JerrySupreme Court of Arkansas · 1923
- Probert v. CaswellSupreme Court of Oklahoma · 1923
- Straughan v. BennettSupreme Court of Arkansas · 1922
- Franklin v. Hempstead County Hunting ClubSupreme Court of Arkansas · 1950
- Clifford v. Federal Bank & Trust Co.Supreme Court of Arkansas · 1929
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