Dean v. Cole
Supreme Court of Arkansas
Appeal from Crawford Chancery Court; J. V. Bow-land, Chancellor; When J. T. and Russie Cole moved off the land to Van Burén they lost their homestead right by abandonment, and the plea of homestead is only available to the homestead claimant and not to his grantee, and (3) T. A. Cole can not avail himself of homestead as a defense, because J. T. and Russie Cole forfeited their right to homestead by failing to claim it before the execution sale or .by filing a schedule. 55…
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Appeal from Crawford Chancery Court; J. V. Bow-land, Chancellor; When J. T. and Russie Cole moved off the land to Van Burén they lost their homestead right by abandonment, and the plea of homestead is only available to the homestead claimant and not to his grantee, and (3) T. A. Cole can not avail himself of homestead as a defense, because J. T. and Russie Cole forfeited their right to homestead by failing to claim it before the execution sale or .by filing a schedule. 55 Ark. 139-142. Jesse Cole did not claim the property as a homestead, nor did his wife, and the sale is not questioned so…
1Opinion of the CourtHumphreys, J.
This suit was begun in the circuit court of Crawford County by appellant against appellee, J. T. Cole, to recover possession of 120 acres of land in said county. Appellant alleged ownership and the right to possession of said lands by purchase at an execution sale under a judgment obtained by him against J. T. Cole on the 3rd day of July, 1916, and that appellee, J. T. Cole, through his tenant, Joe Mullen, was in the wrongful possession thereof.
Appellee, T. A. Cole, filed an intervention, alleging that he was the owner of said lands by purchase from appellees J. .T. Cole and Russie Cole on…
2Cases cited1 opinion
- Isbell v. JonesSupreme Court of Arkansas · 1905
3Cited by4 opinions
- Bank of Hoxie v. GrahamSupreme Court of Arkansas · 1932
- Caldcleugh v. CaldcleughSupreme Court of Arkansas · 1923
- McKee v. WatersSupreme Court of Arkansas · 1924
- Triple D-R Development v. FJN Contractors, Inc.Court of Appeals of Arkansas · 1999