Beavers v. Myar
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court in Chancery. Chas. W. Smith, Judge. STATEMENT BY THE COURT. Plaintiff, Henry W. Myar, filed his complaint in the Ouachita circuit court, wherein he alleged “that on the 22d day of January, 1890, the defendant executed and delivered to Henry Berg, as trustee, his certain deed of trust, conditioned for the payment of a certain note on the first day of November, 1890, and for securing the said Henry Myar for any advances he might make to the…
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Appeal from Ouachita Circuit Court in Chancery. Chas. W. Smith, Judge. STATEMENT BY THE COURT. Plaintiff, Henry W. Myar, filed his complaint in the Ouachita circuit court, wherein he alleged “that on the 22d day of January, 1890, the defendant executed and delivered to Henry Berg, as trustee, his certain deed of trust, conditioned for the payment of a certain note on the first day of November, 1890, and for securing the said Henry Myar for any advances he might make to the said W. O. Beavers. Said deed of trust was given on the following lauds, to-wit: East half southwest quarter, southwest…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Section 1 of the act of March 18, 1887, provided that “no conveyance, mortgage or instrument affecting the homestead of any married man shall be of any validity unless his wife joins in the execution of such instrument and acknowledges the same.” The mortgage or deed of trust involved in this case was" void under this act, and this is conceded by appellant. Blit the act of the 13th of April, 1893, provides “that all deeds, conveyances, instruments of writing affecting, or purporting to affect, the title to real estate, which have been executed since the…
2Cases cited3 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Brown v. MorisonSupreme Court of Arkansas · 1843
- Fayetteville Building & Loan Ass'n v. BowlinSupreme Court of Arkansas · 1897
3Cited by9 opinions
- State ex rel. Moose v. Kansas City & Memphis Railway & Bridge Co.Supreme Court of Arkansas · 1914
- Rhodes v. CannonSupreme Court of Arkansas · 1914
- Coco v. MillerSupreme Court of Arkansas · 1937
- Myers v. COUNCIL MANUFACTURING CORPORATIONDistrict Court, W.D. Arkansas · 1967
- Collier v. SmithSupreme Court of Arkansas · 1918
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