McCrosky v. Walker
Supreme Court of Arkansas
APPEAL from Jackson circuit court. James W. Butler, Judge. A homestead may include land detached from the family residence or mansion house. Mr. Thompson, in his work on Homesteads & Ex., p. 126, sec. 145, says the weight of authority is against the proposition, but we think not.
Read the full summary
APPEAL from Jackson circuit court. James W. Butler, Judge. A homestead may include land detached from the family residence or mansion house. Mr. Thompson, in his work on Homesteads & Ex., p. 126, sec. 145, says the weight of authority is against the proposition, but we think not. Citing and reviewing 36 N. H., 158; 46 id., 43 ; 42 Vt., 27, cited in Thomp. on H. & Ex., sec. 146, pp. 126-7-8-9, and sec. 154, note 2. Missouri, North Carolina and Texas decisions hold that a homestead may embrace detached parcels. Thompson H. & Ex., secs. 146-153, and notes. See also 9 Am. & Eng. Enc. Law, p. 426,…
1Opinion of the CourtCockrill, C. J.
The appellant is the owner of an undivided half of a 113-acre farm upon which he has established a homestead; he is also owner of an undivided half of a tract of timbered land containing forty acres, distant one mile from the farm. The court found from the evidence that the last mentioned tract had long been in use in connection with the homestead to supply fuel for its use, but declared that such use did not constitute it a part of the homestead, and for that reason declined to direct the clerk to issue a supersedeas to withhold it from sale on execution.
The only question presented by the…
2Cases cited3 opinions
- Jaffrey & Co. v. McGoughSupreme Court of Alabama · 1889
- Kresin v. MauSupreme Court of Minnesota · 1870
- Bunker v. LockeWisconsin Supreme Court · 1862
3Cited by6 opinions
- Clements v. Crawford County BankSupreme Court of Arkansas · 1897
- Tillar v. BassSupreme Court of Arkansas · 1893
- Bank of Hoxie v. GrahamSupreme Court of Arkansas · 1932
- Stuckey v. HornSupreme Court of Arkansas · 1918
- Brandies v. PerrySupreme Court of Florida · 1897
1 more not listed; retrieve them via the Exa API.