Legal Opinion

Sanders v. Sanders

Supreme Court of Arkansas

Decided November 12, 1892PublishedCited by 3 opinions

Appeal from White Chancery Court. 1. The proof shows that A. P. Sanders received the money as an attorney. 13 Ark. 644 ; 11 id. 212; 38 id. 96. 2. It follows that his homestead comes within the exceptions of art. 9, sec. 3, Const. 1874. 35 Ark. 28; Thompson on Homesteads and Ex. sec. 547. 3. No change of securities, or subsequent contract to pay in future, or with interest, could change the claim from a fund collected as an attorney to a simple debt by contract. Thomps.

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Appeal from White Chancery Court. 1. The proof shows that A. P. Sanders received the money as an attorney. 13 Ark. 644 ; 11 id. 212; 38 id. 96. 2. It follows that his homestead comes within the exceptions of art. 9, sec. 3, Const. 1874. 35 Ark. 28; Thompson on Homesteads and Ex. sec. 547. 3. No change of securities, or subsequent contract to pay in future, or with interest, could change the claim from a fund collected as an attorney to a simple debt by contract. Thomps. Homestead and Ex. secs. 311, 312,, 359; 45 Ark. 376. 1. House & Sanders were never employed to collect the insurance. It was…

1Opinion of the CourtBatteE, J.

Appellant broug'ht this action in the White circuit court in chancery, to subject the homestead of Albert P. Sanders, deceased, to sale to pay a claim which he holds against the estate of the deceased. At. the time Albert P. died, he left a widow and a minor child surviving him. This suit was brought while the widow remained unmarried, and the child a minor.

The claim sued on, as we find from the evidence,, originated as follows : In January, 1882, T. N. Sanders, the appellant, owned a small stock of hardware and tinners’ tools, which were insured for his benefit by the Eire Association of…

2Cases cited3 opinions

  1. Neal v. ClarkSupreme Court of the United States · 1878
  2. Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
  3. Hennequin v. ClewsSupreme Court of the United States · 1884

3Cited by3 opinions

  1. Godfrey v. HerringSupreme Court of Arkansas · 1905
  2. Carr v. HarringtonSupreme Court of Arkansas · 1913
  3. Arnold v. StephensSupreme Court of Arkansas · 1927

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