Bond v. Montgomery
Supreme Court of Arkansas
Appeal from Monroe Circuit Court in Chancery. STATEMENT BY THE COURT. On the 7th of January, 1890, appellants filed in the-Monroe circuit court a petition, alleging therein that Robert R. Bond died on the 14th of December, 1872,. intestate, leaving appellant, Nancy J. Bond, his widow, and the other appellants, some of whom were his children, his heirs, surviving; that he owned and occupied, at the-time of his death, the northwest quarter of section twenty-seven in township…
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Appeal from Monroe Circuit Court in Chancery. STATEMENT BY THE COURT. On the 7th of January, 1890, appellants filed in the-Monroe circuit court a petition, alleging therein that Robert R. Bond died on the 14th of December, 1872,. intestate, leaving appellant, Nancy J. Bond, his widow, and the other appellants, some of whom were his children, his heirs, surviving; that he owned and occupied, at the-time of his death, the northwest quarter of section twenty-seven in township one south, and range two west, in. Monroe county, in this State, as a homestead ; that J. T. Oates and his widow, Nancy…
1Opinion of the Court
Battre, J.,
after stating the facts as above reported. Under the Constitutions of 1868 and 1874, the probate court had and has no jurisdiction to order the sale of a homestead of a deceased person for the payment of his debts, during the minority of his children, or so long as his widow remains unmarried, or does not abandon it, or shall not be the owner of a homestead in her own right. During this time the homestead is exempt from sale for the payment of the debts of the deceased owner. The order of sale in this case was, therefore, an absolute nullity. McCloy & Trotter v. Arnett, 47 Ark.…
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3Cited by26 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Sneed v. StateSupreme Court of Arkansas · 1923
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- Dunitz v. Woodford Apartments Co.Michigan Supreme Court · 1926
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