Barnett v. Meacham
Supreme Court of Arkansas
Appeal from Independence Circuit Court in Chancery. John B. McCaleb, Judge, on exchange of circuits. STATEMENT BY THE COURT. The appellant brought this suit to recover the land in controversy. Judgment was rendered against him, and he seeks by this appeal to reverse said judgment.
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Appeal from Independence Circuit Court in Chancery. John B. McCaleb, Judge, on exchange of circuits. STATEMENT BY THE COURT. The appellant brought this suit to recover the land in controversy. Judgment was rendered against him, and he seeks by this appeal to reverse said judgment. The land was owned by the appellant’s brother, who died, while a soldier in the Confederate army, in 1862, leaving him surviving, Julia, his widow, and an infant son, who died in 1863. The widow died in 1893, never having had dower assigned her in the land. After the death of her husband, the brother of the…
1Opinion of the Court
Hughes, J.,
(after stating the facts). It has been recently decided in this court that the conveyance by a widow of her right of dower in the lands of her deceased husband, before the assignment of her dower, confers upon the alienee no right which he can enforce at law, but that he may, in equity, have her dower set aside and assigned to him.* A widow, before the assignment of her dower, may occupy and hold the mansion house and farm attached free of rent, till her dower is assigned. But, if she abandons the possession, the heir may enter and occupy the premises, subject to her right to have…
2Cases cited3 opinions
- Wallace v. Hall's HeirsSupreme Court of Alabama · 1851
- Oakley v. OakleySupreme Court of Alabama · 1857
- Padgett v. NormanSupreme Court of Arkansas · 1884
3Cited by12 opinions
- Neal v. DavisOregon Supreme Court · 1909
- Griffin v. DunnSupreme Court of Arkansas · 1906
- Brinkley v. TaylorSupreme Court of Arkansas · 1914
- Fletcher v. JosephsSupreme Court of Arkansas · 1912
- Clark v. FriendSupreme Court of Arkansas · 1927
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