Smith v. Lamb
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Chickasawba District; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. In May, 1905, Naomi Lamb, formerly Naomi Smith, instituted this action, claiming dower and homestead in the lands described in the complaint. She alleges that she is the widow of I. H. Smith, deceased, who departed this life in June, 1903, and that said lands comprised his homestead at the time of his death.
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Appeal from Mississippi Chancery Court, Chickasawba District; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. In May, 1905, Naomi Lamb, formerly Naomi Smith, instituted this action, claiming dower and homestead in the lands described in the complaint. She alleges that she is the widow of I. H. Smith, deceased, who departed this life in June, 1903, and that said lands comprised his homestead at the time of his death. She also alleges that at the time of his death said I. H. Smith was the owner of certain personal property, and that his life was insured in 'the sum of $2,000, made…
1Opinion of the Court
Hart, J.,
(after stating the facts). The conveyance or bill of sale of I. H. Smith to his son, James A. Smith, was made only four days prior to his death. It was made at a time when he realized that his own death was’ impending, and all the facts and circumstances adduced in evidence show that it was made for the purpose of depriving his wife of her dower rights therein, and, having been thus made in fraud of her dower rights, it is void as to her. 4 Pomeroy’s Equity Jurisprudence, (3 Ed.), § 1383, and cases cited; Murray v. Murray, (Ky.) 8 L. R. A. 95; Stroup v. Stroup, 27 L. R. A. 523;…
2Cases cited1 opinion
- Parker v. HillSupreme Court of Arkansas · 1908
3Cited by2 opinions
- Crawfordsville Trust Co. v. RamseyIndiana Court of Appeals · 1913
- Trout v. HarrellSupreme Court of Arkansas · 1950