Acruman v. Barnes
Supreme Court of Arkansas
Appeal from Dallas Circuit Court. John B. McCaleb, Judge. STATEMENT BY THE COURT. Appellee, Barnes, owned a homestead of less value than $2,500, which ordinarily was exempt from sale under execution. He sold his homestead to one Pulliam, and afterwards bought it again from Pulliam, and paid him $1,000 therefor, which one thousand dollars was loaned to him for the purpose of repurchasing the homestead by the appellant, Acruman.
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Appeal from Dallas Circuit Court. John B. McCaleb, Judge. STATEMENT BY THE COURT. Appellee, Barnes, owned a homestead of less value than $2,500, which ordinarily was exempt from sale under execution. He sold his homestead to one Pulliam, and afterwards bought it again from Pulliam, and paid him $1,000 therefor, which one thousand dollars was loaned to him for the purpose of repurchasing the homestead by the appellant, Acruman. As a part of the transaction, the appellee, Barnes, executed to appellant, Acruman, at the time, a mortgage on the homestead to secure the payment of the one thousand…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Where money is loaned with which to purchase a homestead, upon the understanding that it will be so used, and it is so used, and a mortgage is given to the lender to secure the payment of the money loaned for that purpose, if the building constituting a part of the homestead is insured for the benefit of the owner of the homestead, and afterwards is consumed by fire, is the money due on the policy of insurance exempt from seizure on process of garnishment or execution for the debt due the lender?
Article nine, section three, of the constitution of 1874,…
2Cases cited9 opinions
- Eylar v. EylarTexas Supreme Court · 1883
- Nichols v. OverackerSupreme Court of Kansas · 1876
- Heuisler v. NickumCourt of Appeals of Maryland · 1873
- MacLeod v. Fox West Coast Theatres Corp.California Supreme Court · 1937
- Warhmund v. Merritt & MetcalfTexas Supreme Court · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Starr v. City National BankSupreme Court of Arkansas · 1923
- Brown v. EnnisSupreme Court of Arkansas · 1901
- Langley v. ReamesSupreme Court of Arkansas · 1946
- Hughes v. Sebastian County BankSupreme Court of Arkansas · 1917
- Peterson v. FisherNebraska Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.