Legal Opinion

Bluff City Lumber Co. v. Floyd

Supreme Court of Arkansas

Decided May 10, 1902PublishedCited by 5 opinions

Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. Homesteads are not exempt from sales made to enforce mechanics’ liens. Const. 1874, art. 9, § 3; Sand. & H. Dig., § 3710. Dower is a potential interest, and does not give possession until it is assigned. 11 Ark. 212. The homestead was abandoned. 68 Ark. 79. The bill of exceptions is not complete. 59 Ark. 291; id. 178. The amendments are a necessity.

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Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. Homesteads are not exempt from sales made to enforce mechanics’ liens. Const. 1874, art. 9, § 3; Sand. & H. Dig., § 3710. Dower is a potential interest, and does not give possession until it is assigned. 11 Ark. 212. The homestead was abandoned. 68 Ark. 79. The bill of exceptions is not complete. 59 Ark. 291; id. 178. The amendments are a necessity. Sand. & H. Dig., § 5845. The exceptions were not properly saved. 55 Ark. 485; 46 Ark. 462; 53 Ark. 250. As amended, the record is wholly defective. 60 Ark. 256; 33 Ark. 97; 38 Ark. 539;…

1Opinion of the CourtBattle, J.

This was an action of unlawful detainer. The issues in the case were, by consent of the parties, tried by the court; trial by jury being waived. The court filed its conclusions of fact and of law, separately, in writing. There were no exceptions to the conclusions of law. The defendant recovered judgment; and the plaintiff filed a motion for a new trial, and for cause stated: “(1) That the findings of the court and judgment are contrary to the law; (2) that the findings of the court and judgment are contrary to the evidence; (3) that the findings of the court and judgment are contrary to the…

2Cases cited2 opinions

  1. Dunnington v. Frick Co.Supreme Court of Arkansas · 1895
  2. White v. Beal & Fletcher Grocer Co.Supreme Court of Arkansas · 1898

3Cited by5 opinions

  1. Henderson v. GladishSupreme Court of Arkansas · 1939
  2. Arkansas Mutual Fire Insurance v. WithamSupreme Court of Arkansas · 1907
  3. Jones v. Pond & Decker Manufacturing Co.Supreme Court of Arkansas · 1906
  4. Jones v. HunterSupreme Court of Arkansas · 1916
  5. Cain v. CarlleeSupreme Court of Arkansas · 1925

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