Johnson v. Parker
Supreme Court of Arkansas
APPEAL from Desha Circuit Court in Chancery. Jno. A. Williams, Judge. Plaintiff was certainly not barred of her dower by any law in force at the time the acknowledgment was made. What then is the effect of the curative act of 1883? The act declares that such deed shall be held to pass the-estate which it purports to convey. In this case the deed purports to convey the fee, and the act makes it good for that purpose.
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APPEAL from Desha Circuit Court in Chancery. Jno. A. Williams, Judge. Plaintiff was certainly not barred of her dower by any law in force at the time the acknowledgment was made. What then is the effect of the curative act of 1883? The act declares that such deed shall be held to pass the-estate which it purports to convey. In this case the deed purports to convey the fee, and the act makes it good for that purpose. Reviews 44 Ark., 112; 41 Id., 101; Gould’s Dig., p. 268, sec. 21, and contends that there was no defect either in the deed or acknowledgment to cure, and that a married woman can…
1Opinion of the CourtCockrill, C. J.
Defective acknowledgments: Curative acts. This is a suit by Mrs. Johnson, the appellant, for assignment of dower in lands which she had joined with her husband in conveying to one Wyley in 1859. The conveyance was in form a warranty deed in which the wife joined as a grantor. It was recorded soon after its execution. There is no clause relinquishing dower -in the body of the deed, nor any mention of it in the officer’s certificate of acknowledgment. It is conceded that the acknowledgment was not in the form prescribed by statute for the relinquishment of dower, and that the widow is not…
2Cited by4 opinions
- Stuttgart v. JohnSupreme Court of Arkansas · 1908
- Seawel v. DirstSupreme Court of Arkansas · 1902
- Kelly v. WeirDistrict Court, E.D. Arkansas · 1965
- Williamson v. LazarusSupreme Court of Arkansas · 1899