Snider v. Martin
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. Charles E. Mitchel, Judge. Snider & Holmes sued Nat Martin, and alleged that, on thé 26th day of September, 1888, the sheriff of Nevada county, by virtue of an execution issued in their favor against E. E. White, offered for sale, according to law, all the interest of said White in certain lots in Prescott;, that Martin became the purchaser thereof for the sum of three hundred dollars, and executed his bond or note for such sum; that the…
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APPEAL from Nevada Circuit Court. Charles E. Mitchel, Judge. Snider & Holmes sued Nat Martin, and alleged that, on thé 26th day of September, 1888, the sheriff of Nevada county, by virtue of an execution issued in their favor against E. E. White, offered for sale, according to law, all the interest of said White in certain lots in Prescott;, that Martin became the purchaser thereof for the sum of three hundred dollars, and executed his bond or note for such sum; that the note was due and unpaid; wherefore they prayed judgment for the amount due. Martin answered that the land was the homestead…
1Opinion of the CourtHemingway, J.
Under the constitution of 1868 it was-held that the right of a debtor to hold a homestead exempt from sale under execution was a personal privilege which-the debtor might waive, and that he would be held to have waived it by failure to claim it, in the manner provided by law, before sale under execution. Norris v. Kidd, 28 Ark., 485. It has been held that the same rule obtained under the constitution of 1874. Chambers v. Perry, 47 Ark., 400.
The act of March 18, 1887, does not enlarge, or in any manner change, the character of the right; but, leaving the right as it had previously existed,…
2Cited by8 opinions
- Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933
- Arkansas Savings & Loan Ass'n v. HayesSupreme Court of Arkansas · 1982
- Jones v. DillardSupreme Court of Arkansas · 1902
- Smith v. SpradlinSupreme Court of Arkansas · 1918
- Spurlock v. GaikensSupreme Court of Arkansas · 1920
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