Phillips v. Colvin
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; W. E. Patterson, Judge; STATEMENT BY THE COURT. B. S. Phillips obtained judgment against J. C. Colvin in the circuit court in an action on debt for the sum of $253.18. Subsequently, an execution was issued upon the judgment and levied upon forty-seven acres of land belonging to Colvin. The latter, after giving due notice of his intention to do so, filed his schedule claiming said land as his homestead, thereby being exempt from execution.
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Appeal from Columbia Circuit Court; W. E. Patterson, Judge; STATEMENT BY THE COURT. B. S. Phillips obtained judgment against J. C. Colvin in the circuit court in an action on debt for the sum of $253.18. Subsequently, an execution was issued upon the judgment and levied upon forty-seven acres of land belonging to Colvin. The latter, after giving due notice of his intention to do so, filed his schedule claiming said land as his homestead, thereby being exempt from execution. Upon the hearing, the circuit court sustained the schedule and issued a supersedeas. Subsequently, Phillips filed a…
1Opinion of the Court
In the latter case, the court said:
“It was insisted that the money to secure which the deed of trust was given, was purchase money, and the premises, in any event, are liable to be sold for its satisfaction. If it were established that the money borrowed by appellant from appellee, was paid to Redick for the land, still it does not follow that it was purchase money. It appears that the premises were purchased of Redick, and the money for which this debt was incurred Avas paid on the last installment due on the purchase. The statute, in declaring that the homestead right should not be claimed…
2Cases cited1 opinion
- Rodman v. SandersSupreme Court of Arkansas · 1884
3Cited by8 opinions
- Taylor v. KingSupreme Court of Arkansas · 1918
- Starr v. City National BankSupreme Court of Arkansas · 1923
- Rogers v. Great American Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1990
- Ripley v. KellySupreme Court of Arkansas · 1945
- Sides v. HaynesDistrict Court, W.D. Arkansas · 1960
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