Ward v. Mayfield
Supreme Court of Arkansas
APPEAL from Independence Circuit Court in Chancery. Hon. R. H. Powell, Judge. Under the constitution of 1868, it was decided that a-tenant in common was entitled to a homestead. Greenwood & Sons v. Maddox <& Toms, 27 Arle., 659. Our present constitution differs in no material respect, in regard to homesteads from that of 1868. On the death of a tenant in common, his widow and minor children are entitled to homestead. Williams v. Wethered,. 37 Tex., 130; Eornv.
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APPEAL from Independence Circuit Court in Chancery. Hon. R. H. Powell, Judge. Under the constitution of 1868, it was decided that a-tenant in common was entitled to a homestead. Greenwood & Sons v. Maddox <& Toms, 27 Arle., 659. Our present constitution differs in no material respect, in regard to homesteads from that of 1868. On the death of a tenant in common, his widow and minor children are entitled to homestead. Williams v. Wethered,. 37 Tex., 130; Eornv. Tufts, 39 E. E., 478. Wherever the right of homestead existed in the husband, at the time of his death, the same right descends to…
1Opinion of the CourtSmith, J.
II O 31 IS - STEAD: Tenant iu common and liis •widow and lieirs entitled to out of common estate. Harrison Peel died intestate in 1877, the owner of an undivided interest of five-sevenths in two hundred and forty acres of land in Independence county, upon which he resided. There was a deed of trust upon three-sevenths of one tract of eighty acres, and this portion of his estate was, after his death, swept away by foreclosure and sale. His widow and three infant children who survived him united with the owner of the other interests in a petition to the circuit court in chancery, praying for a…
2Cited by7 opinions
- Simpson v. BiffleSupreme Court of Arkansas · 1896
- Robson v. HoughSupreme Court of Arkansas · 1892
- Grimes v. LusterSupreme Court of Arkansas · 1904
- White Sewing Machine Co. v. WoosterSupreme Court of Arkansas · 1899
- McGaugh v. MathisSupreme Court of Arkansas · 1917
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