Russell v. Berry
Supreme Court of Arkansas
Appeal from Pope Circuit Court. Jeremiah G. Wallace, Judge. STATEMENT BY THE COURT. W. H. Miller was the owner of .a rural homestead, consisting of about 100 acres, which was underlaid with coal. Miller had opened up mines on this land, and had worked the 'mines in a small way, and marketed the coal, and had also at times leased these mines to be operated for the purpose of mining coal.
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Appeal from Pope Circuit Court. Jeremiah G. Wallace, Judge. STATEMENT BY THE COURT. W. H. Miller was the owner of .a rural homestead, consisting of about 100 acres, which was underlaid with coal. Miller had opened up mines on this land, and had worked the 'mines in a small way, and marketed the coal, and had also at times leased these mines to be operated for the purpose of mining coal. After his death his widow and children remained in possession of the homestead, and the widow and the guardian of the children claim the right to lease the mines on the land for the purpose of mining. Miller…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The only question in this case is whether coal which underlies land of a homestead is a part of the homestead. It is admitted that the value of this homestead is not over $2,500, and if this stratum of coal which underlies the homestead land is a part of the homestead, it follows that it cannot be reached by the administrator or creditors until after the expiration of a homestead estate. Our state constitution provides that if the owner of a homestead die, leaving a widow, “the rents and profits thereof shall vest in her during her natural life,”…
2Cases cited1 opinion
- Stayton v. HalpernSupreme Court of Arkansas · 1887
3Cited by9 opinions
- Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
- Butler v. ButlerSupreme Court of Arkansas · 1928
- Grissom v. BeidlemanSupreme Court of Oklahoma · 1912
- Monroe v. MonroeSupreme Court of Arkansas · 1971
- Warren v. MartinSupreme Court of Arkansas · 1925
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