Davis v. McCandless
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. No motion for new trial, nor bill of exceptions is necessary, as the error appears upon the face of the record. 11 Ark. 474; 125 Id. 308; 66 Id: 180. 2. The court erred in granting the widow dower absolutely in one-third of the proceeds of the sale of the lands.
Read the full summary
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. No motion for new trial, nor bill of exceptions is necessary, as the error appears upon the face of the record. 11 Ark. 474; 125 Id. 308; 66 Id: 180. 2. The court erred in granting the widow dower absolutely in one-third of the proceeds of the sale of the lands. She should only have been endowed for life. 87 Ark. 505; 2 Woerner on Adm., 481. 1. There was no motion for new trial nor bill of exceptions. 2. The widow was entitled to dower in the surplus remaining after a sale of the lands to satisfy the vendor's lien. Jones on Mortgages,…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The petition for dower alleged that the administrator has sold land belonging to the estate of J. A. McCandless, and that ap-pellee as the widow was entitled to one-third of the proceeds of such sale.
The affidavit for appeal set up that the appeal was prayed “from the order of the White Probate Court, allowing and setting aside to Mrs. M. J. McCandless the sum of $577.45 as her dower interest in the sale of certain lands made by the administrator. '
The order of the probate court shows that the case was heard upon “the petition of M. J. McCandless, as widow…
2Cases cited3 opinions
- Baucum v. WatersSupreme Court of Arkansas · 1916
- Anthony v. SillsSupreme Court of Arkansas · 1914
- Kitchens v. JonesSupreme Court of Arkansas · 1908
3Cited by2 opinions
- Sizer v. Midland Valley RailroadSupreme Court of Arkansas · 1919
- Priest v. MooreSupreme Court of Arkansas · 1931