by John Marshall Harlan

“ This was followed in 1873 by an act (Gantt's Dig. St. Ark. 1874, p. 756) providing that 'the property, both real and personal, which any married woman now owns, or has had conveyed to her by any person in good faith, and without prejudice to existing creditors, or which she may have acquired as her sole and separate property; that which comes to her by gift, bequest, descent, grant, or conveyance from any person; that which she has acquired by her trade, business, labor, or services carried on or performed on her sole or separate account ”

“ Mitchell, 24 Ark. 431, 439, the court said: 'When a party has the only or the better legal title to land, as against that which he wishes to put at rest, he may obtain or regain possession by an action of ejectment, if he is out of possession; and it is reasonable that equity should decline to interfere where he may obtain all the relief he needs at law. ”

“ James M. Hanks and the appellee were married in the state of Arkansas in the year 1859. During that year a child was born to them, alive, and capable of inheriting. It died in 1862. John F. Hanks, the owner of considerable property, real and personal, in the state of Arkansas, including the lands in dispute, died in 1864; his sole heirs at law being his father, Fleetwood Hanks, and his brother, James M. Hanks, the husband of appellee, and his sister, Ann A. Porter, the wife of William Porter. Fleetwood Hanks took a life-interest in the estate left by his son; James M. Hanks and Mrs. ”