Carroll D. Wood, Judge. This is a suit to enjoin the sale under execution of the plaintiff’s curtesy in the separare estate of his deceased wife_ At the hearing below a temporary injunction, which had been granted in the cause, was dissolved, and the complaint was dismissed. The court refused to award the defendant more than $¡10 damages upon the dissolution of the injunction, and both parties have appealed.
Good law ✅— No negative treatment on recordhow we know
Decided 1889-11-15
How this case has been cited
Cited by 4 later decisions — most recently December 1936
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1Cortesy: Subject to execution, The husband's right of curtesy in the deceased wife’s statutory separate estate is subject to execution . „ _ , • i for the payment of his debts, just as the estate was at common law in lands held by the wife to her separate use and free from the husband’s debts. That is the logical deduction from the decision of Neely v. Lancaster; 47 Ark., 175. Whether the husband takes an estate freed from the right of the wife’s creditors to subject the property to the payment of her debts is not determined.
¶2Damages: On dissolution of junction. As to the assessment of damages on dissolution of injuction, the statute does not authorize an assessment except in cases where the proceedings upon a judgment have been stayed — that is, when the enforcement of the judgment has been enjoined. Sec. 3763. Ati injunction preventing the sale of particular property does not prevent the execution of the judgment within the meaning of the statute. Marshal v. Greene, 24 Ark., 410.
¶3Sections 3763-4 and 5 of Mansf. Dig. were enacted as one section. The first clause (section 3763) authorizes the assessment of damages, and the other two fix the measure of the assessment in the only cases in which the statute contemplates that'damages shall be assessed upon the dissolution of an injunction. Greer v. Stewart, 48 Ark., 21. In other cases the remedy is by suit on the injunction bond.
¶4The judgment assessing damages upon the dissolution of the injunction is vacated, otherwise it is affirmed.
