Gazola v. Savage
Supreme Court of Arkansas
Appeal from Monroe Circuit Court, George M. Chapline, Judge; 1. The homestead is limited as to quantity and value, and must be owned and occupied as a residence. Kirby’s Digest, § 3900; art. 9, § 5, Const. It appearing by the evidence that the lot contained more than one-fourth of an acre, it was incumbent on appellee to show that it did not exceed $2,5qo in value. 2. Appellee, as appears by the evidence and her acts, has abandoned her homestead .rights in the premises.
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Appeal from Monroe Circuit Court, George M. Chapline, Judge; 1. The homestead is limited as to quantity and value, and must be owned and occupied as a residence. Kirby’s Digest, § 3900; art. 9, § 5, Const. It appearing by the evidence that the lot contained more than one-fourth of an acre, it was incumbent on appellee to show that it did not exceed $2,5qo in value. 2. Appellee, as appears by the evidence and her acts, has abandoned her homestead .rights in the premises. A homestead necessarily includes the idea of residence. Thomp. H. & Ex. § ioo; 57 Ark. 181. Mere intention is not sufficient…
1Opinion of the CourtMcCulloch, J.
Appellant, John Gazola, recovered a judgment against appellee, Mrs. M. J. Savage, on May 28, 1897, in the circuit court of Monroe County for the sum of $605.42, and on August 29, 1904, caused execution to be issued thereon, which was by the sheriff levied upon a lot owned by appellee in the city of Brinkley. Appellee claimed the lot as her homestead, and filed her schedule of exemptions with the clerk of the court, who issued a supersedeasi staying the sale under execution. Appellant presented to the circuit court at the next term his motion to quash the supersedeas, which motion was denied,.…
2Cases cited3 opinions
- Schuman v. SandersonSupreme Court of Arkansas · 1904
- Robson v. TomlinsonSupreme Court of Arkansas · 1891
- Newton v. RussianSupreme Court of Arkansas · 1905
3Cited by14 opinions
- Arkansas Power & Light Co. v. CatesSupreme Court of Arkansas · 1930
- City National Bank v. JohnsonSupreme Court of Arkansas · 1936
- Harris v. RaySupreme Court of Arkansas · 1913
- Armour Company v. RoseSupreme Court of Arkansas · 1931
- Gebhart v. MerchantSupreme Court of Arkansas · 1907
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