Hunt v. Blackburn
Supreme Court of the United States
APPEAL FROM' THE CIRCUIT COURT -OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. The submission of the motion to reinstate this case after. its dismissal at October term, 1887, for want of jurisdiction is reported Í27 U. S. 774. ' On the 22d October, 1888, (at the present term,) the order of dismissal made at the last term was set aside, and the case was restored to the docket, and was, on the 1st of November, submitted.
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APPEAL FROM' THE CIRCUIT COURT -OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. The submission of the motion to reinstate this case after. its dismissal at October term, 1887, for want of jurisdiction is reported Í27 U. S. 774. ' On the 22d October, 1888, (at the present term,) the order of dismissal made at the last term was set aside, and the case was restored to the docket, and was, on the 1st of November, submitted. The case was stated by the court as follows: Tunt filed' his bill in equity in the District Court for the Eastern District of Arkansas, on the 25th of June, 1881,…
1Opinion of the CourtChief Justice Fuller
the court.
Undoubtedly, at common law, husband and wife did not take; under a conveyance of land to them jointly, as tenants in common or as joint tenants, but each became seized of the entirety, per tout, et non jper my • the consequence of which was that neither could dispose of any part, without the assent of the other, but the whole remained to the survivor under the original grant. 2 Bl. Com. 182; 2 Kent’s Com. 113; 1 Wash-burn, Real Prop. (4th ed.) 672. Nor had this rule been changed at the time of these transactions by the constitution or statutes of Arkansas. Robinson v. Eagle, 29…
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