Gebhart v. Merchant
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Alexander M. Duffle, Judge; 1. Under the finding of facts, the occupancy of the property by the appellant1 and his family was sufficient to impress the homestead character upon it. 69 Ark. 596; 22 S. W. 1033; Waples, Homestead & Ex. 187; Thompson, Homestead & Ex. § 260; 29. Ark. 280; 14 S. W. 296; 78 Ark. 481. 2. Having sold his homestead in Texas and impressed the property in question with the homestead character, appellant does not lose…
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Appeal from Garland Circuit Court; Alexander M. Duffle, Judge; 1. Under the finding of facts, the occupancy of the property by the appellant1 and his family was sufficient to impress the homestead character upon it. 69 Ark. 596; 22 S. W. 1033; Waples, Homestead & Ex. 187; Thompson, Homestead & Ex. § 260; 29. Ark. 280; 14 S. W. 296; 78 Ark. 481. 2. Having sold his homestead in Texas and impressed the property in question with the homestead character, appellant does not lose his homestead rights in the latter by leasing it out and going to Texas to wind up his business there, since it was his…
1Opinion of the CourtMcCuueoch, J.
Appellee, W. B. Merchant, sued appellant, D. L. Gebhart, in the circuit court of Garland County to recover judgment for the amount of a debt due by contract, and caused an order of general attachment to be levied on certain real estate owned by appellant in the city of Hot Springs. Appellant claimed the property as his homestead, and filed his schedule in the action, verified by affidavit, claiming it as such. The plaintiff controverted the allegations of appellant’s schedule and affidavit, putting in issue the question whether or not appellant was a resident of the. State of Arkansas or had…
2Cases cited5 opinions
- Gibbs v. AdamsSupreme Court of Arkansas · 1906
- Tillar v. BassSupreme Court of Arkansas · 1893
- Gazola v. SavageSupreme Court of Arkansas · 1906
- Gill v. GillSupreme Court of Arkansas · 1901
- Shell v. YoungSupreme Court of Arkansas · 1906
3Cited by12 opinions
- Bank of Sun Prairie v. HovigDistrict Court, W.D. Arkansas · 1963
- City National Bank v. JohnsonSupreme Court of Arkansas · 1936
- Harris v. RaySupreme Court of Arkansas · 1913
- Chastain v. Arkansas Bank & Trust Co.Supreme Court of Arkansas · 1923
- Burton v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1913
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