Legal Opinion

Davis v. Neal

Supreme Court of Arkansas

Decided October 23, 1911PublishedCited by 27 opinions

Appeal from Bradley Chancery Court; Zacho,riah T. Wood, Chancellor; STATEMENT BY THE COURT. Appellees instituted this suit in the chancery court against appellant to cancel a tax deed from the State to the appellant as a cloud on their title, to confirm their title and for a writ of possession. In 1864, William A. Leslie died intestate, owning and occupying the lands in controversy as a homestead.

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Appeal from Bradley Chancery Court; Zacho,riah T. Wood, Chancellor; STATEMENT BY THE COURT. Appellees instituted this suit in the chancery court against appellant to cancel a tax deed from the State to the appellant as a cloud on their title, to confirm their title and for a writ of possession. In 1864, William A. Leslie died intestate, owning and occupying the lands in controversy as a homestead. He left surviving him his widow, Ann Leslie, and three minor children; namely, Mary E., aged six-years; Maggie J., aged four and a half years; and Annie M., aged three years. The lands were situated…

1Opinion of the Court

Hart, J.,

(after stating the facts). It is conceded by the counsel for both sides that the decision of this case depends upon the construction to be given to sections 29 and 30 of chap. 68 of Gould’s Digest. Section 29 provides, in substance, that every free white person of this State, being the head of a family, shall be entitled to a homestead.” Section 30 reads as follows:

“The preceding section shall be deemed and construed to exempt such homestead in the manner aforesaid, during the time it shall be occupied by the widow or child or children of any deceased person, who was, when living,…

2Cases cited7 opinions

  1. Sims v. EverhardtSupreme Court of the United States · 1880
  2. Ogden v. OgdenSupreme Court of Arkansas · 1894
  3. Gannon v. MooreSupreme Court of Arkansas · 1907
  4. Fox v. DrewrySupreme Court of Arkansas · 1896
  5. McFarlane v. GroberSupreme Court of Arkansas · 1902

2 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Henderson, Et Vir. v. UsherSupreme Court of Florida · 1936
  2. In Re the Estate of McArthorCalifornia Supreme Court · 1930
  3. Butler v. ButlerSupreme Court of Arkansas · 1928
  4. In Re Rhead's EstateMichigan Supreme Court · 1939
  5. Monroe v. MonroeSupreme Court of Arkansas · 1971

22 more not listed; retrieve them via the Exa API.

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