Merrill v. Harris
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. The only possible excuse for the sale, of the homestead of a minor is to obtain funds for his education and support. Sand. & H. Dig., §§ 3606 et seq. The only case where the probate court has jurisdiction over the homestead is in cases where it exceeds the limit.
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. The only possible excuse for the sale, of the homestead of a minor is to obtain funds for his education and support. Sand. & H. Dig., §§ 3606 et seq. The only case where the probate court has jurisdiction over the homestead is in cases where it exceeds the limit. Sand. & H. Dig., §§ 3698-3701. It can neither be sold to pay debts, nor be partitioned. 49 Ark. 75; 53 Ark. 504; id. 400; 51 Ark. 429; 56 Ark. 563. The probate court has no right, either by statute or constitution, to deal with homestead estates. 51 Ark. 563; Const. Ark. §…
1Dissent
Battle, J.,
(dissenting.) The order of the probate court in question, which directed the sale of the homestead of minors, is a nullity.
What is a homestead? In Williams v. Dorris, 31 Ark. 466, Chief Justice English, in defining it, said: “It is the place of a home or house; that part of a man’s landed property which is about and contiguous to his dwelling house. A homestead necessarily includes the idea of a house for a residence, or mansion house. The dwelling may be a splendid mansion, a cabin, or tent. If there be either, it is under the protection of the law, but there must be a home…
2Cases cited10 opinions
- Garibaldi v. JonesSupreme Court of Arkansas · 1886
- Tillar v. BassSupreme Court of Arkansas · 1893
- Rockafellow v. PeaySupreme Court of Arkansas · 1882
- Williams v. DorrisSupreme Court of Arkansas · 1876
- Robson v. HoughSupreme Court of Arkansas · 1892
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