Hollis v. State
Supreme Court of Arkansas
Appeal from Marion Circuit Court. Brice B. Hudgins, Judge. 1. The judgment and executions in this case fall within none of the exceptions in sec. 3, art. 9, const. 2. Under the constitution, no judgment is a lien on the homestead.
Read the full summary
Appeal from Marion Circuit Court. Brice B. Hudgins, Judge. 1. The judgment and executions in this case fall within none of the exceptions in sec. 3, art. 9, const. 2. Under the constitution, no judgment is a lien on the homestead. Art. 9, sec. 3. 3. Homestead laws are for the protection of the family. 42 Ark. 541; 41 id. 96; 24 id. 158; 22 id. 404. If the husband fails, neglects or refuses to claim, or absconds, the wife is entitled to the exemption. 29 111. 130; S. C. 81 Am. Dec. 301 and notes; Thomps. on Homest. & Ex. sec. 277 ; 11 Gray, 214 ; Ereeman on Ex. (2d ed.) sec. 248, p. 758; Acts…
1Opinion of the CourtRiddick, J.
The facts in this case are as follows : Appellant, R. J. Hollis, a married man, the head of a family, and the owner of a homestead, was convicted of murder in the second degree in the Marion circuit court, and a judg'ment rendered against him for imprisonment and the costs of prosecution. After his conviction, he broke jail and escaped. An execution on said judgment for costs, amounting to about eight hundred dollars, was issued against him. He was a fugitive from justice—his whereabouts unknown—but his family continued to remain and occupy the homestead. In the absence of her husband, his…
2Cases cited4 opinions
- Fink v. O'NeilSupreme Court of the United States · 1882
- Loomis v. GersonIllinois Supreme Court · 1871
- State v. WillifordSupreme Court of Arkansas · 1880
- Massie v. EnyartSupreme Court of Arkansas · 1878
3Cited by15 opinions
- Middleton v. LockhartSupreme Court of Arkansas · 2001
- Gooch v. GoochSupreme Court of Oklahoma · 1913
- Arkansas Savings & Loan Ass'n v. HayesSupreme Court of Arkansas · 1982
- Binion v. LyleSupreme Court of Oklahoma · 1911
- Nichols v. Arkansas Trust CompanySupreme Court of Arkansas · 1944
10 more not listed; retrieve them via the Exa API.