Tillar v. Bass
Supreme Court of Arkansas
Appeal from Desha Circuit Court. John M. Brriott, Judge. Tillar & Stanley recovered judgment against Commodore Bass, and procured an execution to be levied upon certain land belonging to him. Defendant filed a schedule with the clerk of the circuit court, claiming the land exempt as his homestead. The clerk sustained the claim and issued a supersedeas staying the execution. Plaintiffs applied to the circuit court, which sustained defendant’s right of homestead.
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Appeal from Desha Circuit Court. John M. Brriott, Judge. Tillar & Stanley recovered judgment against Commodore Bass, and procured an execution to be levied upon certain land belonging to him. Defendant filed a schedule with the clerk of the circuit court, claiming the land exempt as his homestead. The clerk sustained the claim and issued a supersedeas staying the execution. Plaintiffs applied to the circuit court, which sustained defendant’s right of homestead. The evidence is stated in the opinion. Plaintiffs have prosecuted this appeal. 1. The debtor’s right of homestead must antedate the…
1Opinion of the CourtBaTTLE, J.
An intention of the owner to occupy lands as a homestead is not sufficient to impress it with that character. The constitution of 1874, in declaring of what a homestead shall consist, says: ‘ ‘ The homestead outside of any city, town or village, owned and occupied as a residence, shall consist of not exceeding' one hundred and sixty acres of land, with the improvements thereon, to be selected by the owner,” etc. Again it says: “The homestead in any city, town or village owned and occtojpied as a residence, shall consist of not exceeding one acre of land, with the improvements thereon, to be…
2Cases cited5 opinions
- Richardson v. Adler, Goldman & Co.Supreme Court of Arkansas · 1885
- Williams v. DorrisSupreme Court of Arkansas · 1876
- Reynolds v. TenantSupreme Court of Arkansas · 1888
- Patrick v. BaxterSupreme Court of Arkansas · 1883
- McCrosky v. WalkerSupreme Court of Arkansas · 1892
3Cited by17 opinions
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Bank of Sun Prairie v. HovigDistrict Court, W.D. Arkansas · 1963
- Gibbs v. AdamsSupreme Court of Arkansas · 1906
- Chastain v. Arkansas Bank & Trust Co.Supreme Court of Arkansas · 1923
- Smith v. Flash TV Sales and Service, Inc.Court of Appeals of Arkansas · 1986
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