Hughes v. Sebastian County Bank
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; George W. Dodd, Special Judge; 1.Tbe court exceeded its authority — it could only quash the execution or order the property sold under it. Kirby’s Dig., § 3226. The bank had no lien on the homestead. The relation of vendor and vendee never existed. 66 Ark. 442, does not apply. 62 Ark. 398; 72 Id. 433; 66 Ark. 442. 66 Ark. 442 is overruled by 114 Ark. 433. The purchase money for a homestead is a lietí thereon.
Read the full summary
Appeal from Sebastian Circuit Court, Greenwood District; George W. Dodd, Special Judge; 1.Tbe court exceeded its authority — it could only quash the execution or order the property sold under it. Kirby’s Dig., § 3226. The bank had no lien on the homestead. The relation of vendor and vendee never existed. 66 Ark. 442, does not apply. 62 Ark. 398; 72 Id. 433; 66 Ark. 442. 66 Ark. 442 is overruled by 114 Ark. 433. The purchase money for a homestead is a lietí thereon. The homestead is liable for money loaned to purchase it, but such is not the ease here. The bank held the stock until it became…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1) In Acruman v. Barnes, 66 Ark. 442, the court held that money borrowed of a third person with which to purchase a homestead, when it is understood between the lender and the borrower that it is to be used for that purpose, and it is so used, is purchase money and the homestead is liable therefor.
The circuit court found that the evidence in the present case brought it within that rule. It is true there was a. direct conflict in the evidence on this point, but that conflict was settled in favor of the bank by the finding of Ihe circuit court and under the…
2Cases cited10 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Chicago, Burlington & Quincy Railroad v. HallSupreme Court of the United States · 1913
- Pratt v. Topeka BankSupreme Court of Kansas · 1874
- Burns v. ThayerMassachusetts Supreme Judicial Court · 1869
- Morris v. CoveySupreme Court of Arkansas · 1912
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Anderson v. CinnamonSupreme Court of Missouri · 1955
- Fair Store No. 32 v. Hadley Milling Co.Supreme Court of Arkansas · 1921
- Wright v. WalkerWyoming Supreme Court · 1924