Barnett v. Meacham

• Decision Date: 18 April 1896
• Citation: 35 S.W. 533
• Parties: BARNETT v. MEACHAM et al.
• Court: Arkansas Supreme Court

35 S.W. 533

BARNETT v. MEACHAM et al.

Supreme Court of Arkansas.

April 18, 1896.

Appeal from circuit court, Independence county; John B. McCaleb, Judge.

Action by W. H. Barnett against James A. Meacham and others. From a judgment for defendants, plaintiff appeals. Affirmed.

The appellant brought this suit to recover the land in controversy. Judgment was rendered against him, and he seeks by this appeal to reverse said judgment. The land was owned by the appellant's brother, who died, while a soldier in the Confederate army, in 1862, leaving, him surviving, Julia, his widow, and an infant son, who died in 1863. The widow died in 1893, never having had dower assigned her in the land. After the death of her husband, the brother of the appellant, she was married to Thomas Ward, in 1864; and on January 9, 1869, she and her husband, Ward, sold and conveyed this land to James A. Meacham, who afterwards sold part of it to appellees, the Grays. Upon the execution of the deed of Ward and wife to appellee Meacham, he assumed control of said lands, and claimed to own the same absolutely; and he and his vendees, the Grays, have, as the evidence shows, had uninterrupted, peaceable, adverse possession of the same for a period of much over seven years next before the institution of this suit, and they rely upon the purchase by Meacham from Ward and wife and the statute of limitations of seven years for title. It is admitted that the appellant, W. H. Barnett, is the only heir to his brother, the first husband of Julia Ward. This suit was brought in 1893, less than a year after Julia Ward's death.

J. J. Barnwell, for appellant. H. S. Coleman and Neill & Neill, for appellees.

HUGHES, J. (after stating the facts).

It has been recently decided in this court that the conveyance by a widow of her right of dower in the lands of her deceased husband, before the assignment of her dower, confers upon the alienee no right which he can enforce at law, but that he may, in equity, have her dower set aside and assigned to him. Weaver v. Rush, 61 Ark. ___, 34 S. W. 256 A widow, before the assignment of her dower, may occupy and hold the mansion house and farm attached free of rent, till her dower is assigned. But, if she abandons the possession, the heir may enter and occupy the premises, subject to her right to have dower assigned. "She may occupy and cultivate the land herself, or allow another to do it for her." She need not remain on it in person, "for it may be she could...