Smith v. Scott
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT- This is an ejectment suit instituted on the 9th day of August, 1906, in the Columbia Circuit Court by the appellees, Dan Scott et-al., against the appellant, A. W. Smith, to recover possession of certain lands in Columbia County, Arkansas.
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Appeal from Columbia Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT- This is an ejectment suit instituted on the 9th day of August, 1906, in the Columbia Circuit Court by the appellees, Dan Scott et-al., against the appellant, A. W. Smith, to recover possession of certain lands in Columbia County, Arkansas. The appellees claim title to this land through their father, William Scott, who died the owner and occupying same as his .homestead in October, 1883. At the time of his death appellees were minors. Soon after their father’s death, their mother, Fannie R. Scott, moved to…
1Opinion of the Court
Wood, J.,
(after stating the facts). Under sections 6 and 10, art. 9,' of the Constitution appellees, at the death of their father, acquired homestead rights in the land in controversy of which their mother, the widow, could not deprive them by establishing another home, and by selling the one occupied by the husband and father at the time of his death. The homestead of the minors in the land in -controversy inured to them through the death of their father. Sec. 10, art. 9, supra. The abandonment by the widow and mother of the interest which she acquired in the same homestead by the death of…
2Cases cited5 opinions
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Gannon v. MooreSupreme Court of Arkansas · 1907
- Grimes v. LusterSupreme Court of Arkansas · 1904
- Harris v. BradySupreme Court of Arkansas · 1908
- Sansom v. HarrellSupreme Court of Arkansas · 1888
3Cited by11 opinions
- Hagenauer v. Detroit Copper Mining Co.Arizona Supreme Court · 1912
- Champion v. WilliamsSupreme Court of Arkansas · 1924
- Hildebrand v. GravesSupreme Court of Arkansas · 1925
- Brownfield v. BookoutSupreme Court of Arkansas · 1921
- Krow & Neumann v. BernardSupreme Court of Arkansas · 1922
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