Legal Opinion

McKenzie v. Murphy

Supreme Court of Arkansas

Decided June 15, 1863PublishedCited by 9 opinions

Error to Phillips Circuit Court. Hon. M. "W. AlexaNdeb, Circuit Judge. No person but a free white citizen of this state can claim the benefit of the homestead exemption. Sec. 29, ch. 68, Could’s Digest. "We maintain that no one is a citizen unless he is a citizen of the United States.

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Error to Phillips Circuit Court. Hon. M. "W. AlexaNdeb, Circuit Judge. No person but a free white citizen of this state can claim the benefit of the homestead exemption. Sec. 29, ch. 68, Could’s Digest. "We maintain that no one is a citizen unless he is a citizen of the United States. This conclusion is warranted by the provisions of chapter 9, Gould’s Digest, which extended to aliens, or persons not citizens of the United States, rights and privileges, which they were already entitled to if citizens of the state. See secs. 1,5, MU of rights; State vs. Penney, 5 Eng. 621; secs. 2,4, 6, art.…

1Opinion of the CourtJustice Paieohild

This case was tried in the circut court of Phillips county at its May term, 1860, and was an action of ejectment by tbe plaintiff in error, against tbe defendant in error, for a town lot in Helena, long occupied by the defendant, a householder and head of a family, and a free white person; but the question between the parties was, in the court below, and is, in this court, whether the defendant is entitled to the benefit of the homestead exemption act, that would reserve the town lot, the property in suit, from execution, if the defendant,, in addition to the characteristics noted, was a…

2Cited by9 opinions

  1. Bacon v. Board of State Tax CommissionersMichigan Supreme Court · 1901
  2. Logan v. StateSupreme Court of Arkansas · 1921
  3. In re MatthewsDistrict Court, W.D. Arkansas · 1901
  4. Crosse v. Board of Supervisors of Elections of Baltimore CityCourt of Appeals of Maryland · 1966
  5. Hubert v. JoseAppellate Division of the Supreme Court of the State of New York · 1912

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