Brown v. Ennis
Supreme Court of Arkansas
Appeal from Scott Circuit Court. Styles T. Rowe, Judge. If appellants’ claim is for purchase money, it is immaterial whether or not he has a lien, and the land is subject to execution therefor. Const. Ark., art. 9, § 3: 62 Ark. 398. Appellants’ claim was for purchase money. 32 Ark. 258; 37 Ill. 438; 62 Ark. 398; 66 Ark. 367; id. 442. Appellant had no lien. 25 Ark. 129.
1Opinion of the CourtBattle, J.
Is the land constituting the homestead of W. H. Ennis and Martha Ennis exempt from sale under the execution issued upon the judgment recovered by S. C. Brown against W. H. Ennis ?
The constitution of this state ordains: “The homestead of any resident of this state who is married or the head of a family shall not he subject to the lien of any judgment, or decree of any court, or to sale under execution, or. other process thereon, except such as may be rendered for the purchase money, or for specific liens,” etc. Constitution, art. 9, § 3l.
In Acruman v. Barnes, 66 Ark. 442, it was held that…
2Cases cited3 opinions
- Farnsworth v. HooverSupreme Court of Arkansas · 1899
- Acruman v. BarnesSupreme Court of Arkansas · 1899
- Boone County Bank v. HensleySupreme Court of Arkansas · 1896
3Cited by4 opinions
- Lyon v. HerbothWashington Supreme Court · 1925
- Hamra v. FitzpatrickSupreme Court of Oklahoma · 1916
- Zehr v. MaySupreme Court of Oklahoma · 1917
- Buzzard v. OdleSupreme Court of Oklahoma · 1939