Noble v. Noble
Supreme Court of Arkansas
Appeal from Ashley Circuit Court. Hon. H. 23. Moese, Circuit Judge. The court erred in refusing to allow parol evidence to show that the absolute deed, was, in fact a trust and mortgage. Hoffman’s Chy. H. 31, and cases cited on note, p. 84; 5 Page Chy. 10, and cases there cited in note 1. The appellee being the widow of the intestate, Littleberry B., was legally entitled to dower of one-third, for life, of the lands in question. Gould’s Dig. eh. 60, sec. 1, p.
Read the full summary
Appeal from Ashley Circuit Court. Hon. H. 23. Moese, Circuit Judge. The court erred in refusing to allow parol evidence to show that the absolute deed, was, in fact a trust and mortgage. Hoffman’s Chy. H. 31, and cases cited on note, p. 84; 5 Page Chy. 10, and cases there cited in note 1. The appellee being the widow of the intestate, Littleberry B., was legally entitled to dower of one-third, for life, of the lands in question. Gould’s Dig. eh. 60, sec. 1, p. J¡A1; Nexo Digest, eh. 11, see. 1. (if it is the law of the State upon this subject.)’ Although the court below may have erred in…
1Opinion of the CourtBennett, J.
Martha B. Roble filed her petition in the Ashley circuit court in chancery, to the March term thereof, 1870, praying dower in certain lands, of which, as she alleged, her husband, Littleberry B. Roble, died seized. The appellants being in possession of the land, answered, admitting that Littleberry B. Roble, at the time of his death, held the legal title to the lands by a deed absolute on its face, but the fact was that these lands were formerly owned by one of the appellants, Bobert W. Noble, and were conveyed to said Littleberry, to secure tbe payment of certain debts owing by said Robert…
2Cases cited2 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
3Cited by2 opinions
- Kitts v. WillsonIndiana Supreme Court · 1891
- Apperson & Co. v. BurgettSupreme Court of Arkansas · 1878