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Davenport v. Lamb et al. U.S. 418 (1872)

handle is hein.slavery/ussccases0348 and id is 1 raw text is: DAVENPORT V. LAMB. Syllabus. Having refused to do this, they were liable to him for the fair value of the bonds at the time of the demand. Mrs. Kitchen was not a necessary party to the suit. The bonds were never hers in law. By the laws of Arkansas, a husband cannot legally make a gift to his wife during the marriage. He could not do so at the common law, and the statute of Arkansas which enables a married woman to take and hold property in her own right, expressly provides that no conveyance from a man to his wife, directly or indirectly, shall entitle her to any benefits or privileges of the act.* Perhaps he might have made an equitable gift for her benefit. But in this case, the husband had not parted with the legal title to the bonds, and had a right to call any per- son to account who unlawfully converted them. JUDGMENT REVERSED, with directions to award a venire de noVo. Mr. Justice STRONG stated that he was unable to con- strue the contract upon which the plaintiff relied, as it was construed by a majority of the court, and for that reason, among others, he dissented from the judgment. DAVENPORT V. LAMB ET AL. 1. The act of Congress of 1836 authorizing the issue of patents for land in the name of deceased parties, who in their lifetime became entitled to such patents, applies to patents under the act of Congress of September 27th, 18.50, called the Donation Act of Oregon ; and such patents enure to the parties designated in the Donation Act, and not solely to the par- ties designated in the act of 1836. 2. The Donation Act declared that in case husband or wife should die before a patent issues, the survivor and children, or heirs, should be entitled to the share or interest of the deceased in equal proportions, except where the deceased should otherwise dispose of the property by will; held that each of the children, and the surviving husband or wife, took * Digest of Statutes of Arkansas, p. 765, tit. Married Women. [Sup. Ct.

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