Stayton v. Halpern
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. M. T. Sanders, Judge. A sale by an administrator, to pay the debts of the intestate, of the homestead, while it was occupied as a homestead by the minor heirs, conveys no title. The sale is void. 31 Ark, 140; 41 Id., 97; 40 Id., 74; 43 Id., 434; 45 Id., 384,- 47 Id., 445; Thomp. Homest. & Ex., secs.78, 40, 165, 170-3; Const. Ark. 1874, art. IX, sec. 10. The sale was valid.
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APPEAL from Monroe Circuit Court. M. T. Sanders, Judge. A sale by an administrator, to pay the debts of the intestate, of the homestead, while it was occupied as a homestead by the minor heirs, conveys no title. The sale is void. 31 Ark, 140; 41 Id., 97; 40 Id., 74; 43 Id., 434; 45 Id., 384,- 47 Id., 445; Thomp. Homest. & Ex., secs.78, 40, 165, 170-3; Const. Ark. 1874, art. IX, sec. 10. The sale was valid. The homestead right of the widow and minor under Const. 1874 is analogous to dower. It is only the use during life of widow and minority of children. They do not own the fee. The probate…
1Opinion of the CourtCockrill, C. J.
The question arose upon demurrer to the answer of the appellee, who was sued by the appellants in ejectment, and is thus stated by the appellee’s counsel:
“ Can the fee to real estate be sold by order of the probate court, upon the petition of an administrator, for the payment of the debts of his intestate, subject to the homestead right of a minor child, under the constitution of 1874 ?”
McCloy v. Arnett, 47 Ark., 445, where the subject is fully treated, answers a similar question, which arose under the homestead provisions of the constitution of 1868, in the negative. The policy of exempting…
2Cited by6 opinions
- Bond v. MontgomerySupreme Court of Arkansas · 1892
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
- Pioneer Mortgage Co. v. CarterSupreme Court of Oklahoma · 1921
- Griffin v. DunnSupreme Court of Arkansas · 1906
- Russell v. BerrySupreme Court of Arkansas · 1902
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