Legal Opinion

Gilworth v. Cody

Supreme Court of Arkansas

Decided January 15, 1879PublishedCited by 13 opinions

Error from Sumner District Court. At the April Term, 1878, of the district court, in an action wherein Gilworth was plaintiff and Cody was defendant, the court sustained defendant’s motion to dissolve an order of attachment levied upon certain real estate taken as the property of the defendant. The plaintiff complains of this-ruling, and brings the case here on error. The facts sufficiently appear in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The question in this case is, whether the real estate attached at the instance of the plaintiff in error is exempt from forced sale as the homestead of the defendant in error. The findings of fact are as follows:

The defendant, Samuel L. Cody, on the 1st day of December, 1877, was an actual resident of the county of Sumner, and was not the owner of any real estate in the state of Kansas or elsewhere, and on that date he purchased the real estate in controversy for a homestead for himself and family, and paid for the same, with the…

2Cases cited5 opinions

  1. Hixon v. GeorgeSupreme Court of Kansas · 1877
  2. Mitchell v. MilhoanSupreme Court of Kansas · 1873
  3. Edwards v. FrySupreme Court of Kansas · 1872
  4. Williams v. SwetlandSupreme Court of Iowa · 1859
  5. Neal v. CoeSupreme Court of Iowa · 1872

3Cited by13 opinions

  1. Jenkins v. HodesCourt of Appeals for the Tenth Circuit · 2005
  2. Illinois Life Ins. Co. v. RogersSupreme Court of Oklahoma · 1916
  3. City of Rawlins v. JungquistWyoming Supreme Court · 1908
  4. Huenergardt v. John S. Brittain Dry Goods Co.Court of Appeals for the Eighth Circuit · 1902
  5. Stowell v. KerrSupreme Court of Kansas · 1905

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