Chambers v. Perry
Supreme Court of Arkansas
APPEAL from Conway Circuit Court in Chancery. Hon. G. S. Cunningham, Circuit Judge. 1. When a homestead is established near an incorporated town, and the limits of said town are subsequently extended so as to embrace it, the homestead is cut down or limited to one acre in area. 13 Wis., 233; 16 Id., 223; 54 Ga., 339; 36 Id., 96; 3 Kans., 392; Const.
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APPEAL from Conway Circuit Court in Chancery. Hon. G. S. Cunningham, Circuit Judge. 1. When a homestead is established near an incorporated town, and the limits of said town are subsequently extended so as to embrace it, the homestead is cut down or limited to one acre in area. 13 Wis., 233; 16 Id., 223; 54 Ga., 339; 36 Id., 96; 3 Kans., 392; Const. Ark., art. 9, sec. 3. 2. Perry, if he had the right to claim the five acre homestead, lost it by not insisting on his original schedule. It was his duty to see that a supersedeas was issued. 40 Ark., 332. If the clerk refused to issue it, his…
1Opinion of the CourtSmith, J.
The plaintiff alleged that he is a resident of the state, a married man and the head of a family ; that he is the owner of five acres of land in a compact body, upon which he resides with his family; that at the time he established his homestead thereon, the land adjoined the town of Morrilton, but was not wdthin its corporate limits; that the county court had afterwards extended the boundaries of the town so as to take in his land, but the land had never been platted, laid off, or sub-, divided into blocks, lots, streets and alleys; that one of the defendants had obtained judgment against…
2Cases cited5 opinions
- Bull v. ConroeWisconsin Supreme Court · 1860
- Taylor v. BoulwareTexas Supreme Court · 1856
- Butt v. GreenOhio Supreme Court · 1876
- Barber v. RorabeckMichigan Supreme Court · 1877
- Finley v. DietrickSupreme Court of Iowa · 1861
3Cited by5 opinions
- Barnhart v. GormanSupreme Court of Arkansas · 1917
- Baxley v. LasterSupreme Court of Arkansas · 1907
- Harris v. HenrySupreme Court of Arkansas · 1905
- In re FalconerCourt of Appeals for the Eighth Circuit · 1901
- Launius v. DrakeSupreme Court of Arkansas · 1917