Kemp v. Turnbull

I cannot agree that the homestead right of a surviving spouse, as provided by law, sec. 1, art. 12, Const, of Okla., 58 O.S. 1941 §311, is not an estate in land. It is for life and a freehold. 60 O.S. 1941 §26. Constitutionally, it consists of not more than 160 acres of rural land and not to exceed 1 acre of urban land and not less than % acre of land without regard to value. The homestead, insofar as rents and profits are concerned, is given the same status as an estate for life. Tarman v. Pierce, 168 Okla. 348, 33 P. 2d 203. In Hembree v. Magnolia Petroleum Co., 176 Okla. 524, 56 P. 2d 851,…