Reynolds v. Tenant
Supreme Court of Arkansas
APPEAL from Izard Circuit Court. R. H. Powell, Judge. The sale was subject to confirmation and should have been rejected for any irregularity affecting the substantial rights of the parties. Mansfield’s Digest, sec. 350; 29 Ark., 307; Rorer on Jud. Sales, pp. 28, no, 121, 590-1-7, and note 1. The pleadings admit the land to be defendant’s homestead.
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APPEAL from Izard Circuit Court. R. H. Powell, Judge. The sale was subject to confirmation and should have been rejected for any irregularity affecting the substantial rights of the parties. Mansfield’s Digest, sec. 350; 29 Ark., 307; Rorer on Jud. Sales, pp. 28, no, 121, 590-1-7, and note 1. The pleadings admit the land to be defendant’s homestead. It was exempt, Art. 9, sec. 3, Const, even after the issue of the order of sale. 48 Ark., 224. His schedule complied with sec. 3006, Mansfield’s Digest. It states that it is exempt, and even if it does fail to show when his occupancy began, it…
1Opinion of the CourtBattle, J.
Appellee instituted an action against appellant, and sued out an attachment, which was levied on his personal property and land. They recovered judgment; the attachment was sustained; and the property levied on was ordered to be sold. A writ of Ven. Ex. was issued, commanding the sheriff to sell. Upon its issuance, appellant, after giving the requisite notice, filed his schedule with the clerk of the court, and claimed the land as his homestead. The schedule was verified by an affidavit to the effect that the schedule was a correct list of all his property, except the wearing apparel of…
2Cited by10 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Weir v. United StatesCourt of Appeals for the Eighth Circuit · 1964
- Simpson v. BiffleSupreme Court of Arkansas · 1896
- Tillar v. BassSupreme Court of Arkansas · 1893
- Mahon v. FansettNorth Dakota Supreme Court · 1907
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