Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 42

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 42

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: the wife is presumed to have been a provision for her, in which case no trust results. Yet this presumption may be repelled by proof; and it is eflectually rebutted by proof or admission of actual fraud in the intent of making such a settlement upon the wife. p It follows that the husband's resulting interest may be sold on execution, and the fee in the lands transferred to the purchaser by virtue of our statute. (Ran/sin v. Harper: 23 Mo., 57.9; Eddy v. Baldwin, Ib., 588; Dunnica v. Coy, 94. 1b., 167; Snlll/LCCLZ v. Gray, 1 Hz/.mplz., 4.91; Thomas v. Walker, 6' I I/., .9J; Kimmel v. McRz'/ht, 2 Pa. St., 88; Tevis v. Doe, 3 1ml., 152.9; Pennington 1: . Clifton, 11 Ib., 162; Clark v. Clzamberlaz'n, -13 Allen, $257.) Such also was the law of New York_until the statute of $2.9 Car. 2, ch: 3, sec. 10, wrw 'I'J(1l("ll. Foote v. Calvin, 3 John, 216'; Jackson v. Bateman, $2 Wend., 570; Jackson 1;. Walker, 4 Ib., 4633; Guthrie v. Gardiner, 19 I (1., 1,14; Wait v. Day, 4 Dem'o,439; Brewster v. Power, 10 Paige, 562; Garfield cc. Hatmaker, 15 N. Y., 475. Reversed and remanded, with directions to overrule the demurrer to the fourth plea. TITSWORTH V. SPITZER ET AL. 1. Pa/c'l'lc1:: Trial before court: Incompetent evidence: Presumption. 'hen, in a trial before the court, incompetent evidence IS given by one party against the objections of the other, and the court reserves its ruling upon the objections until the final ruling upon the whole case, it must be presumed that the court, in making up its final judgment, excluded the incompetent testimony from its consideration. 2. MQRTUAGEE: Action a_(/ainsipurchaser of mort_qa_r;ed properly. A mortgagee may, by proper action, subject the proceeds of the salc of the mortgaged property sold...
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Product details

  • Paperback | 176 pages
  • 189 x 246 x 10mm | 327g
  • United States
  • English
  • black & white illustrations
  • 1236985877
  • 9781236985873