Gwynn v. Rush
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; A divorced wife is not entitled to dower. She is barred by the decree of divorce. 59 Ark. 441; 64 Id. 518-522; 111 U. S. 523. The lower court erred in its ruling, and appellees should be required to accept the deed and specifically perform the contract.
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Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; A divorced wife is not entitled to dower. She is barred by the decree of divorce. 59 Ark. 441; 64 Id. 518-522; 111 U. S. 523. The lower court erred in its ruling, and appellees should be required to accept the deed and specifically perform the contract. Before the decree below can be reversed, it must be shown (1) that a decree of divorce in a foreign court bars the dower of a widow in lands in this State, and (2) if barred by a foreign divorce still it must be shown that the allowance provided for by section 2684 of Kirby’s…
1Opinion of the CourtWood, J.
About 1870 H. B. Gwynn married Pauline, his wife. Some years later he purchased a certain lot in Forrest City and was the owner thereof in 1917, when his wife secured a divorce from him in Shelby County, Tennessee.
The decree of divorce, among other things, recites:
“It further appearing to the court that complainant and defendants are owners in their respective names of real and personal property, it is therefore ordered, adjudged and decreed that the property that is in the name of the complainant in Arkansas and elsewhere be decreed. to her, for her sole and separate use, and that the…
2Cases cited4 opinions
- Wood v. WoodSupreme Court of Arkansas · 1894
- Barrett v. FailingSupreme Court of the United States · 1884
- Beene v. BeeneSupreme Court of Arkansas · 1898
- Kendall v. CrenshawSupreme Court of Arkansas · 1915
3Cited by2 opinions
- Dawson v. MaysSupreme Court of Arkansas · 1923
- Knighton v. KnightonSupreme Court of Arkansas · 1976