Sparks v. Day
Supreme Court of Arkansas
Appeal from Cross Circuit Court. James E. Riddick, Judge. The law gives the debtor the right to select his homestead. There is no evidence that the selection in this case was capricious. Exemption laws are liberally construed, and courts should stand by the letter of the law. In 7 So. 333 and 63 N. W. 632 the selection by the debtor was set aside for irregularity and as being arbitrary.
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Appeal from Cross Circuit Court. James E. Riddick, Judge. The law gives the debtor the right to select his homestead. There is no evidence that the selection in this case was capricious. Exemption laws are liberally construed, and courts should stand by the letter of the law. In 7 So. 333 and 63 N. W. 632 the selection by the debtor was set aside for irregularity and as being arbitrary. The law intends to' protect the home and appurtenances ; and, where some meandering is necessary to include these, it should be allowed. 44 Tex. 597. Governmental lines need not be followed. 22 Wis. 150.…
1Opinion of the CourtWood, J.
The appellant, Sparks, filed a schedule before the clerk of the circuit court, claiming his homestead, and selecting it by metes and bounds. It is situated in the town of Wynne, and is of a value that required the area to be reduced to one-quarter of an acre. In selecting his quarter of an acre, he took, as a part of it, a walk two feet wide to his stable, and a walk two feet wide from the stable to the servants’ house. The parcel left after he made his selection abutted on an alley, but nowhere on a street. The following plat shows the shape of the homestead selected, and the residue after…
2Cases cited1 opinion
- Jaffrey & Co. v. McGoughSupreme Court of Alabama · 1889
3Cited by12 opinions
- Clements v. Crawford County BankSupreme Court of Arkansas · 1897
- Elliott v. BondSupreme Court of Oklahoma · 1918
- Grimes v. LusterSupreme Court of Arkansas · 1904
- Williams v. Bradley (In Re Bradley)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
- McDonald v. MillerSupreme Court of Oklahoma · 1919
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