Thompson & Co. v. Lewis
Supreme Court of Arkansas
• Appeal from Union Circuit Court; G. W. Smith, Judge; When appellee purchased from Bolding and received title in fee simple to the lot, the lesser leasehold estate was immediately merged into the greater, the house 'and machinery thereon became ¡a part of the realty, and not a proper subject for chattel or personal exemption. 16 Cyc. 665; 56 Ark. 57. The evidence is that the ¡building was erected upon blocks resting upon the surface of the lot, that the boiler was incased…
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• Appeal from Union Circuit Court; G. W. Smith, Judge; When appellee purchased from Bolding and received title in fee simple to the lot, the lesser leasehold estate was immediately merged into the greater, the house 'and machinery thereon became ¡a part of the realty, and not a proper subject for chattel or personal exemption. 16 Cyc. 665; 56 Ark. 57. The evidence is that the ¡building was erected upon blocks resting upon the surface of the lot, that the boiler was incased in mud casing, that the press was placed upon sills resting upon the surface of the lot, ¿nd that the machinery was…
1Opinion of the Court
McCulloch, 'C. J.
Appellants obtained a judgment in the circuit court of Union ‘County against appellee for debt due by contract, and sued out execution on the judgment, which was by the sheriff levied on a small tract or parcel of real estate on which ivas situated a steam cotton gin plant. Appellee filed a schedule claiming the machinery in the gin plant as exempt from sale under execution. The circuit court allowed the claim of exemptions and an appeal has been prosecuted to this court.
The facts in the case are undisputed. Appellee leased the lot from one Bolding in the year 1903 and…
2Cases cited3 opinions
- Choate v. KimballSupreme Court of Arkansas · 1892
- Ozark v. AdamsSupreme Court of Arkansas · 1904
- Bemis v. First National BankSupreme Court of Arkansas · 1897
3Cited by6 opinions
- Halbert v. Helena-West Helena Industrial Development Corp.Supreme Court of Arkansas · 1956
- Corning Bank v. Bank of RectorSupreme Court of Arkansas · 1979
- Continental Gin Co. v. ClementSupreme Court of Arkansas · 1928
- Stone v. SuckleSupreme Court of Arkansas · 1920
- Kansas City Southern Railway Co. v. Arkansas RailroadSupreme Court of Arkansas · 1927
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