Webb v. Davis
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. Hon. J. R. Eakin, Chancellor. I. The privilege of homestead may be waived. In re Cross, 2 Dillon, 320; Babcock v. Hoey, 11 Iowa, 375 ; Chamberlain v. Dyell, 3 Mich., 448 ; Sampson v. Williamson, 6 Tex., 115 ; Drake v. Root, 2 Col., 689 ; Simmons v. Anderson, 56 Georg., 53; Grout v. Sauter, 13 Bush, Ky.
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APPEAL from Pulaski Chancery Court. Hon. J. R. Eakin, Chancellor. I. The privilege of homestead may be waived. In re Cross, 2 Dillon, 320; Babcock v. Hoey, 11 Iowa, 375 ; Chamberlain v. Dyell, 3 Mich., 448 ; Sampson v. Williamson, 6 Tex., 115 ; Drake v. Root, 2 Col., 689 ; Simmons v. Anderson, 56 Georg., 53; Grout v. Sauter, 13 Bush, Ky. Husband and wife may alien homestead absolutely, under Con. 1868. Norris v. Kidd, 28 Ark. ; Jackson v. Allen, 30 Ark., 117 ; Chambers v. Sallie, 29 Ark., 407; and power to mortgage is generally co-extensive with power to sell. Thompson on Homestead, Sec. 456…
1Opinion of the Court
B. B. Battle, Special Judge.
This is an action to foreclose a mortgage on lots four, five, six, seven, eight and nine, in block three hundred and one, in the city of Little Rock, executed on the 14th day of June, 1871, by the appellees, Davis and wife. The mortgage was given to secure the payment of a note, bearing even date with the mortgage, executed by said appellees to appellant for one thousand dollars, borrowed money, and interest thereon; and contains tho following clause: ‘ ‘ And we the said George A. Davis and Mary A. Davis, wife to said George A. Davis, do hereby forever renounce all…
2Cited by5 opinions
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- Thompson v. JacowaySupreme Court of Arkansas · 1911
- Hill v. HillDistrict Court, E.D. Arkansas · 1916
- Hill v. HillCourt of Appeals for the Eighth Circuit · 1917