Harris v. Ray
Supreme Court of Arkansas
Appeal from Bandolph Circuit Court; J. W. Weeks, Judge; The effect of one’s acts can not be defeated by an undisclosed purpose at variance with them. 2 L. B. A. 106; 101 N. C. 311. A change of residence clearly manifested as a matter of law by acts can not be defeated by a subsequent declaration of the person that he did not intend his acts to have that effect. 101 N. C. 311. The right of exemption of a homestead from sale under execution appertains only to residents of this…
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Appeal from Bandolph Circuit Court; J. W. Weeks, Judge; The effect of one’s acts can not be defeated by an undisclosed purpose at variance with them. 2 L. B. A. 106; 101 N. C. 311. A change of residence clearly manifested as a matter of law by acts can not be defeated by a subsequent declaration of the person that he did not intend his acts to have that effect. 101 N. C. 311. The right of exemption of a homestead from sale under execution appertains only to residents of this State. Kirby’s Digest, § 3898; 34 Ark. Ill; 53 Ark. 182; 41 Ark. 249; 19 Tex. 275; 44 Ind. 269; 23 Cal. 108. Appellee’s…
1Opinion of the CourtMcCulloch, C. J.
The controversy in this case arises over the right of appellee to claim a homestead in Bandolph County, Arkansas, from sale under execution ¡n appellant’s favor. The circuit court decided the issue of fact in appellee’s favor upon conflicting testimony, and if the finding of the court is supported by legally sufficient evidence it is our duty not to disturb it, even though the finding appears to us to he against the preponderance of the evidence. Robinson v. Swearingen, 55 Ark. 55; Gazola v. Savage, 80 Ark. 249.
Appellee was a widow and occupied as her homestead a tract of land in Randolph…
2Cases cited12 opinions
- Hairston v. HairstonMississippi Supreme Court · 1854
- Corey v. Schuster, Hingston & Co.Nebraska Supreme Court · 1895
- Johnston v. TurnerSupreme Court of Arkansas · 1874
- Robinson v. SwearingenSupreme Court of Arkansas · 1891
- Gazola v. SavageSupreme Court of Arkansas · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Arkansas Power & Light Co. v. CatesSupreme Court of Arkansas · 1930
- Mississippi River Fuel Corp. v. SennSupreme Court of Arkansas · 1931
- City National Bank v. JohnsonSupreme Court of Arkansas · 1936
- Vesper v. WoolseySupreme Court of Arkansas · 1960
- Armour Company v. RoseSupreme Court of Arkansas · 1931
11 more not listed; retrieve them via the Exa API.