Brandon v. Moore
Supreme Court of Arkansas
APPEAL from Lee Circuit Court. M. T, Sanders, Circuit Judge. 1. No lien by execnlion could attach to a homestead under the act of 1852. Gould’s Dig., p. 504. The language is “exempt from sale or execution,” &c. 22 Arh., 400; 36 Id., 545. The wording of the act precludes the idea of an intention to permit the execution lien to attach. 2. But if appellee acquired a lien by virtue of the levy of their execution, the same was displaced by lapse of time before the death of…
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APPEAL from Lee Circuit Court. M. T, Sanders, Circuit Judge. 1. No lien by execnlion could attach to a homestead under the act of 1852. Gould’s Dig., p. 504. The language is “exempt from sale or execution,” &c. 22 Arh., 400; 36 Id., 545. The wording of the act precludes the idea of an intention to permit the execution lien to attach. 2. But if appellee acquired a lien by virtue of the levy of their execution, the same was displaced by lapse of time before the death of Brandon. More than twelve years had elapsed. 15 Arh., 269 ; 18 Id., 309 ; 23 Id., 459; 2 Bush, 236; 31 Id., 392; 40 Id., 146.…
1Opinion of the CourtCockrill, C. J.
The appellees, who are plaintiffs in this action of ejectment to recover possession of the land in controversy, derive their title from a purchase at execution sale. The action was against the appellant, who was in possession by virtue of a purchase made at a trustee’s sale under a mortgage with power to sell, executed by the judgment debtor, after the levy of plaintiffs’ execution to secure a debt due to the appellant. The debt upon which the judgment was rendered was contracted when the homestead law of 1852 was in force. The judgment was rendered in October, 1871, and the execution was…
2Cited by1 opinion
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