Boone County Bank v. Hensley
Supreme Court of Arkansas
Appeal from Booue Circuit Court. Brice B. Hudgins, Judge. The land is subject to execution. A debtor cannot schedule his homestead against a judgment on a note for the purchase money thereof, although the purchase money note has been transferred to the hands of a third party before suit. Const. Ark. art. 9, sec. 3; 36 Ark. 92; 48 id. 214; 54 Ga. 355.
1Opinion of the CourtBattle, J.
On the 2d day of December, 1890, J. A. Melton sold to N. M. Hensley a tract of land containing thirteen acres, and Hensley, A. L. Bromly, and J. N. Bromly executed to him their promissory note for the purchase money. The Boone County Bank after-wards purchased the note, and, in an action upon it, recovered judgment against Hensley, and caused an execution issued thereon to be levied on the land purchased from Melton. Hensley thereupon filed his schedule with the clerk, and claimed the land as his homestead, and that it was exempt from execution. The clerk sustained his claim, and issued a…
2Cases cited7 opinions
- Hoskins v. . WallSupreme Court of North Carolina · 1877
- Smith v. . HighSupreme Court of North Carolina · 1881
- Whitaker v. . ElliottSupreme Court of North Carolina · 1875
- Bush v. ScottIllinois Supreme Court · 1875
- Fox v. . BrooksSupreme Court of North Carolina · 1883
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3Cited by2 opinions
- Hamra v. FitzpatrickSupreme Court of Oklahoma · 1916
- Brown v. EnnisSupreme Court of Arkansas · 1901