Wolf v. Hawkins
Supreme Court of Arkansas
Appeal from Scott Circuit Court. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The appellants, Henry H. Wolf & Co., recovered a judgment in the Scott circuit court against A. D. Hawkins. Hawkins filed a schedule claiming eighty acres of land, with improvements thereon, as his homestead, and the clerk of the court thereupon issued a supersedeas forbidding the sale of said land.
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Appeal from Scott Circuit Court. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. The appellants, Henry H. Wolf & Co., recovered a judgment in the Scott circuit court against A. D. Hawkins. Hawkins filed a schedule claiming eighty acres of land, with improvements thereon, as his homestead, and the clerk of the court thereupon issued a supersedeas forbidding the sale of said land. A motion to quash the supersedeas was filed by Wolf & Co. The only evidence bearing directly on the question of whether the land was a homestead was the testimony of Hawkins himself. He testified that the place was…
1Opinion of the Court
Riddick, J.,
(after stating the facts). The question before us is whether Hawkins, at the time he moved to the town of Boles, abandoned his homestead in the country. The homestead is said to be “the house and appurtenant land and buildings owned by the head of the family and occupied by him and his family.” Webster’s International Dictionary. If the head of a family owns two separate tracts of land with dwellings thereon, it is reasonable to presume that the one at which he and his family dwell is the homestead. When the owner of a homestead purchases another dwelling, apart from the old…
2Cases cited4 opinions
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Robinson v. SwearingenSupreme Court of Arkansas · 1891
- Smith v. BunnSupreme Court of Missouri · 1882
- Kimball v. WilsonSupreme Court of Iowa · 1882
3Cited by7 opinions
- Smith v. Flash TV Sales and Service, Inc.Court of Appeals of Arkansas · 1986
- Carter v. PickettSupreme Court of Oklahoma · 1913
- Almond v. PeopleSupreme Court of Colorado · 1913
- Gillis v. GillisSupreme Court of Arkansas · 1924
- Russell v. KollerSupreme Court of Oklahoma · 1918
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