Luhrs v. Hancock - 181 U.S. 567 (1901)
U.S. Supreme Court
Luhrs v. Hancock, 181 U.S. 567 (1901)
Luhrs v. Hancock
Argued and submitted March 7, 1901
Decided May 13, 1901
181 U.S. 567
By the provision in Act 68 of the laws of the Territory of Arizona that the common law of England, so far as it is consistent with and adapted to the natural and physical condition of this territory and the necessities of the people thereof, and not repugnant to or inconsistent with the Constitution of the United States or bill of rights, or laws of this territory or established customs of the people of this territory, is hereby adopted, and shall be the rule of decision in all the courts of this territory, the common law was not made unqualifiedly the rule of decision, but that law, as modified by the conditions of the territory, and changes in the common law relation between husband and wife had been expressed in statutes prior to the passage of the act of 1885.
By a conveyance from a husband to his wife, property does not lose its homestead character.
The deed of a person alleged to be insane is not absolutely void; it is only voidable, and may be confirmed or set aside.
The inquiry as to the insanity of Mrs. Hancock was not open to the appellant.
The case is stated in the opinion of the Court.