Ex parte Tipton
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. This is an appeal by an 'administrator from an order denying his application to sell the land of his intestate. The material facts are as follows: . John New at the time of his death, owned and occupied as his homestead, one hundred acres of land in St. Franeisi County, Arkansas. He was survived by his widow and a minor son, who was his sole heir at law.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. This is an appeal by an 'administrator from an order denying his application to sell the land of his intestate. The material facts are as follows: . John New at the time of his death, owned and occupied as his homestead, one hundred acres of land in St. Franeisi County, Arkansas. He was survived by his widow and a minor son, who was his sole heir at law. At the time of the trial of this action in the coart below in September, 1915, the minor was about fourteen years of age. Shortly 'after the death of John…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is contended by counsel for appellant that the probate sale of the homestead upon the application of the guardian was valid under the principles announced in Merrill v. Harris, 65 Ark. 355. If is further contended that the homestead right of the minor ceased when the sale was made and that the homestead then fell back into the residuum of the estate and became subject to administration and sale for the payment of decedent’s debts. So before proceeding to a discussion of what was decided in the case of Merrill v. Harris, it may be well to note the state…
2Cases cited7 opinions
- Bond v. MontgomerySupreme Court of Arkansas · 1892
- Garibaldi v. JonesSupreme Court of Arkansas · 1886
- Nichols v. ShearonSupreme Court of Arkansas · 1886
- Oliver v. RouthSupreme Court of Arkansas · 1916
- Beakley v. FordSupreme Court of Arkansas · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Levinson v. TreadwaySupreme Court of Arkansas · 1935
- Collins v. HarrisSupreme Court of Arkansas · 1925
- Rushing v. HornerSupreme Court of Arkansas · 1917
- Black v. ClarySupreme Court of Arkansas · 1963
- Cunningham v. DellmonSupreme Court of Arkansas · 1922
11 more not listed; retrieve them via the Exa API.