Legal Opinion

Stewart v. Pritchard

Supreme Court of Arkansas

Decided November 20, 1911PublishedCited by 23 opinions

Appeal from Miller Chancery Court; James, D. Shaver, Chancellor; A wife can not be deprived of her homestead except in the way pointed out by the statute.

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Appeal from Miller Chancery Court; James, D. Shaver, Chancellor; A wife can not be deprived of her homestead except in the way pointed out by the statute. Kirby’s Digest, § 3901. The statutes declaring and vesting homestead rights are remedial, and should be liberally construed. 25 Ark. 101; 57 Ark. 242; 60 Ark. 269; 62 Ark. 431; 64 Ark. 492; 71. Ark. 283. The rights of a homestead having once attached, the homestead character continues until it is alienated or abandoned; and the abandonment must be complete before the law will withdraw its protection. 22 Ark. 400; 37 Ark. 283; 41 Ark. 309;…

1Opinion of the CourtFbauenthal, J.

This was an equitable action instituted by J. T. Pritchard, the plaintiff below, to obtain the specific performance of a verbal contract of sale of land made by defendant to him. The plaintiff alleged that in February, 1910, the defendant sold the land to him by verbal contract for $500. In pursuance of said contract, he was placed in possession of the land, and made valuable and permanent improvements thereon. He also alleged that the consideration was to be paid with a note and mortgage for $500, which was owned by him, and that he turned same over to defendant’s agent in pursuance of their…

2Cases cited11 opinions

  1. Wilks v. VaughanSupreme Court of Arkansas · 1904
  2. Sidway v. LawsonSupreme Court of Arkansas · 1893
  3. Tumlinson v. SwinneySupreme Court of Arkansas · 1860
  4. Robinson v. SwearingenSupreme Court of Arkansas · 1891
  5. Gibbs v. AdamsSupreme Court of Arkansas · 1906

6 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Hudgins v. ThompsonTexas Supreme Court · 1919
  2. Sims v. McFaddenSupreme Court of Arkansas · 1950
  3. Smith v. Flash TV Sales and Service, Inc.Court of Appeals of Arkansas · 1986
  4. Gray v. Bank of HartfordSupreme Court of Arkansas · 1918
  5. Caldcleugh v. CaldcleughSupreme Court of Arkansas · 1923

18 more not listed; retrieve them via the Exa API.

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