Harbison v. Vaughan
Supreme Court of Arkansas
APPEAL from Ashley Circuit Court. Hon. J. M. Bradley, Circuit Judge. The father of appellant, at the time' of the execution of the mortgage, was the “ head of a family,” withiu the meaning of the Constitution of 1868, which positively forbids the incumbrance of a homestead. He was a resident of the State; the owner of a dwelling occupied as a home ; possessed household and kitchen furniture; kept family supplies, etc.
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APPEAL from Ashley Circuit Court. Hon. J. M. Bradley, Circuit Judge. The father of appellant, at the time' of the execution of the mortgage, was the “ head of a family,” withiu the meaning of the Constitution of 1868, which positively forbids the incumbrance of a homestead. He was a resident of the State; the owner of a dwelling occupied as a home ; possessed household and kitchen furniture; kept family supplies, etc. His family consisted of two nephews, one a minor, and his father, who was aged, infirm and dependent, etc. It was not necessary that he should be either husband or father. 20…
1Opinion of the CourtSmith, J.
Jackson P. Harbison, in the year 1872, borrowed of Vaughan $957.50, for which he made his note, payable at two months, with interest at the rate of. three per cent, a month until paid. For security he mortgaged three lots in the town of Hamburg, upon which were situate his dwelling house and a livery stable, with power of sale upon default of payment. "When the property was advertised by the mortgagee, Harbison filed his bill to enjoin the sale, claiming that the mortgage was void under section 2, of article 12, of the Constitution of 1868, which forbade a married man, or head of a family,…
2Cited by20 opinions
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- Betts v. MillsSupreme Court of Oklahoma · 1899
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