Patrick v. Baxter
Supreme Court of Arkansas
APPEAL from Drew Circuit Court. Hon. J. M. Bradley, Circuit Judge. 1. Baxter never occupied the premises as a homestead, and the property was not exempt. Const., sec. 5, art. 9; Thomptson on Homesteads and Ejc., sec. 21¡.5; Johnston v. Turner, 29 Ark., 280. 2. The issue should have been tried by jury. 23 Ark., 101; 32 Barb., 291; U¡. John., 1¡.3JP; 55 Barb., 390, 399; 1 Denlo, 1P62; 31 Ark., 65If..
1Opinion of the CourtEnglish, C. J.
On the twenty-eighth of September,. 1878, William H. Patrick recovered a judgment for $200, before a justice of the peace of Drew County, against Robert M. Baxter, on a debt contracted in 1875.
An execution having been issued thereon, and returned nulla bona, Patrick filed a certified transcript of the judgment in the office of the clerk of the Circuit Court of Drew County, on the eleventh day of October, 1878, which was entered in the judgment docket.
On the third of November, 1881, an execution was issued upon the judgment, by the clerk, to the sheriff of Drew County, who, on the next day,…
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