Davies v. Johnson
Supreme Court of Arkansas
Appeal from Garland Qhancery Court; J. P. Henderson, Chancellor; 1. An estate by entireties, after a divorce, and the conveyance by the wife of her interest to third parties, becomes subject to partition. Kirby’s Dig., § 4423; 61 Ark. 388; 63 Id. 289; 66 Id. 305. A divorce destroys an estate by entirety. 55 L. E. A. (N. S.) 396; Bishop on Mar. & Div.
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Appeal from Garland Qhancery Court; J. P. Henderson, Chancellor; 1. An estate by entireties, after a divorce, and the conveyance by the wife of her interest to third parties, becomes subject to partition. Kirby’s Dig., § 4423; 61 Ark. 388; 63 Id. 289; 66 Id. 305. A divorce destroys an estate by entirety. 55 L. E. A. (N. S.) 396; Bishop on Mar. & Div. (5 ed.), '§ 716; Freeman on Cotenancy (2 ed.)., § § 76, 92; 136 S. W. 127; 168 Id. 1178; 108 Id. 9; 109 Md. 690; 72 Atl- Eep. 414. The divorce made Johnson and his wife tenants in common. Tiffany on Eeal Property, p. 383, ch. 7, § 165; 84 Ala.…
1Opinion of the CourtMcCulloch, C. J.
The question involved in this appeal is -this: “Does an estate held by entireties become subject to partition after conveyance by the .wife of her interest to a third party, and divorce of the original tenant.” The divorce was granted April 24, 1915.(1) Appellant contends, first, that the right of survivorship was destroyed by the enactment of what is now section 739 of Kirby’s Digest. This section reads as follows:
“Every interest in real estate granted or devised to two or more persons other than executors and trustees as such shall be in tenancy in common unless expressly declared in such…
2Cases cited5 opinions
- Alles v. LyonSupreme Court of Pennsylvania · 1907
- In re the Appeal of LewisMichigan Supreme Court · 1891
- Branch v. PolkSupreme Court of Arkansas · 1895
- Roulston v. HallSupreme Court of Arkansas · 1899
- Robinson v. EagleSupreme Court of Arkansas · 1874
3Cited by13 opinions
- Warren v. WarrenSupreme Court of Arkansas · 1981
- Jenkins v. JenkinsSupreme Court of Arkansas · 1951
- Parrish v. ParrishSupreme Court of Arkansas · 1921
- Woodall v. WoodallSupreme Court of Arkansas · 1920
- Pope v. McBrideSupreme Court of Arkansas · 1944
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