Legal Opinion

Greenwood v. Maddox & Toms

Supreme Court of Arkansas

Decided December 15, 1872PublishedCited by 16 opinions

APPEAL EROM MONROE CIRCUIT COURT. Hon. M. L. Stephenson, Circuit Judge. We submit that tbe appellee, Toms, was not entitled to a homestead. For the determination of this question, we assume that there is no substantial difference between the old statute (Gould’s Digest, Chapter 68, Section 29,) and the constitutional enactment (State Constitution of 1868, Article XII. Section 8.) By the old law, the requisites for claiming this privilege were: First.

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APPEAL EROM MONROE CIRCUIT COURT. Hon. M. L. Stephenson, Circuit Judge. We submit that tbe appellee, Toms, was not entitled to a homestead. For the determination of this question, we assume that there is no substantial difference between the old statute (Gould’s Digest, Chapter 68, Section 29,) and the constitutional enactment (State Constitution of 1868, Article XII. Section 8.) By the old law, the requisites for claiming this privilege were: First. Citizenship, which this court in McKenzie vs. Murphy, 24 Ark., 155, construed to mean residence; and, Secondly. The qualification of being a…

1Opinion of the Court

English, Special Judge.

Rioses Greenwood & Son, merchants of New Orleans, sued Maddox & Toms, in the Monroe Circuit Court, on a note for $2707 14, dated 14th. April, 1870.

Upon an affidavit that the defendants had removed a part of their property out of the State, etc., a writ of attachment was issued and returned by the sheriff, levied on an undivided third interest of Tonis in the n’ortli-eas^ quarter of section 23, and the no.rtli-west quarter of section 24; township 1 north, range 3 west, 320'acres ; and, also, upon an engine, gin, machinery, etc., found on the premises. Both of the…

2Cases cited3 opinions

  1. Thorn v. ThornSupreme Court of Iowa · 1862
  2. McClary v. BixbySupreme Court of Vermont · 1863
  3. Wolf v. FleischackerCalifornia Supreme Court · 1855

3Cited by16 opinions

  1. State ex rel. Little Rock v. DonagheySupreme Court of Arkansas · 1912
  2. State Farm Mutual Automobile Insurance Co. v. PenningtonDistrict Court, E.D. Arkansas · 1963
  3. State Farm Mutual Automobile Insurance Company v. John W. Pennington and Robert Howell SummervilleCourt of Appeals for the Eighth Circuit · 1963
  4. Betts v. MillsSupreme Court of Oklahoma · 1899
  5. Stull v. GrahamSupreme Court of Arkansas · 1895

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