McCloy & Trotter v. Arnett
Supreme Court of Arkansas
APPEAL from Drew Circuit Court. Horj. J. M. Bradley, Judge. The homestead of a deceased debtor, under the constitution of 1868, was not entirely exempt from the payment of his debts. The exemption was to last during widowhood and “ during the minority of the children.” Subject to these temporary rights the land occupies the same position as other lands.
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APPEAL from Drew Circuit Court. Horj. J. M. Bradley, Judge. The homestead of a deceased debtor, under the constitution of 1868, was not entirely exempt from the payment of his debts. The exemption was to last during widowhood and “ during the minority of the children.” Subject to these temporary rights the land occupies the same position as other lands. The sale of lands subject to a life estate is as old as the common law. ■ When a widow has a homestead in her own right, neither the widow nor children have any homestead rights in the lands of the late husband and father. 45 Ark., J40. The…
1Opinion of the CourtSmith, J.
The minor children of Samuel F. Arnett, deceased, brought ejectment for a town lot, which had been their father’s homestead. The title of defendants was acquired from Arnett’s widow. She had applied to the probate court for an assignment of dower in certain real estate, owned by her husband during coverture, and alienated by him without her consent in legal form; and also for a reservation of homestead in the town lot. Her prayer for homestead was rejected; in lieu of- which dower was admeasured to her in the homestead premises, the line passing through the center of the hall of the dwelling…
2Cases cited18 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Hartwell v. McDonaldIllinois Supreme Court · 1873
- Napton v. LeatonSupreme Court of Missouri · 1879
- Dungan v. Von PuhlSupreme Court of Iowa · 1859
- Murray v. GouverneurNew York Supreme Court · 1800
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3Cited by30 opinions
- Stolte v. LarkinCourt of Appeals for the Eighth Circuit · 1940
- Rankin v. SchofieldSupreme Court of Arkansas · 1902
- Bond v. MontgomerySupreme Court of Arkansas · 1892
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
25 more not listed; retrieve them via the Exa API.