Allen v. Smith

Darrell Hickman, Justice.

The appellee, Louise Smith, owns an interest in a lot in Clarendon, Arkansas, that Alice Allen, the appellant, claims as her homestead. Allen’s husband, who is deceased, was a tenant in common with two others, one of whom was Smith’s predecessor in interest. After Allen’s husband died, Smith filed suit for partition. Allen defended with the argument that the property was her homestead and could not be partitioned. The chancellor was right in holding that Allen could only claim homestead in her husband’s one-third interest and we affirm.

Article 9 § 6 of the Arkansas…