Brown v. Peters
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court. John S. Little, Judge. The right of exemption being purely a gift, a debtor must comply with the statute strictly. The statute is mandatory. Mansf. Dig., sec. 3006; 49 Ark., 116. The law requires a showing under oath of all the debtor’s-property. The affidavit in this case alleges only that the land claimed is all his real estate.
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APPEAL from Crawford Circuit Court. John S. Little, Judge. The right of exemption being purely a gift, a debtor must comply with the statute strictly. The statute is mandatory. Mansf. Dig., sec. 3006; 49 Ark., 116. The law requires a showing under oath of all the debtor’s-property. The affidavit in this case alleges only that the land claimed is all his real estate. It is fatally defective. 49 Ark., 116; 47 Ark., 400; 42 Ark., 175; 40 Ark., 352. The act of March 18, 1887, simply extends the time in which a homestead may be claimed. It does not change the mode of ascertaining and exempting it.…
1Opinion of the CourtHemingway, J.
The appellant recovered a money judg ment against the appellee in the Crawford circuit court o the 12th day of April, 1883 ; on the 14th day of May, 1888 an execution was issued upon said judgment and levied upon a tract of land. Before sale under the execution the appellee claimed the land as exempt to him as a homestead, and the clerk of the court issued a supersedeas staying the sale.
The appellant presented his application to the circuit court to quash the supersedeas, alleging that “the affidavit was fatally defective;” the application was denied, and the appellant has appealed.
The…
2Cited by4 opinions
- Jones v. DillardSupreme Court of Arkansas · 1902
- Ross v. WhiteCourt of Appeals of Arkansas · 1985
- Cain v. ChennaultSupreme Court of Arkansas · 1937
- In re FalconerCourt of Appeals for the Eighth Circuit · 1901