Brooks v. Goodwin
Supreme Court of Arkansas
Appeal from. Randolph 'Circuit Court; J. B. Baker, Judge; 1. Appellee’s interest in the land is not sufficient to carry with it the privilege of exemption as a homestead. A future estate will not support the claim of homestead. 87 N. C. 79; 26 Ky. L. Rep. 157; 80 S. W. 1097; 62 Id. 381; 23 Tex.
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Appeal from. Randolph 'Circuit Court; J. B. Baker, Judge; 1. Appellee’s interest in the land is not sufficient to carry with it the privilege of exemption as a homestead. A future estate will not support the claim of homestead. 87 N. C. 79; 26 Ky. L. Rep. 157; 80 S. W. 1097; 62 Id. 381; 23 Tex. Civ: App. 87; 56 S. W. 572; 57 Id. 990; 21 Cye. 503; 74 Wis. 490; 43 N. W. 507; 20 S. E. 736; Const., art. 9, § 4. 2. His occupancy was not sufficient to impress upon the land the character of a homestead. 76 Ark. 577; 51 Id. 84; 42 Id. 175; 21 Cyc. 621.
1Opinion of the CourtSmith, J.
This cause was tried in the court helow upon an agreed statement of facts, from which it appears that appellee was the owner of a fee simple estate in the lands sought to be subjected to sale under an execution against him subject to the life estate of his father. But although the land was so owned there was an agreement that the lands be occupied and treated as partnership lands and that appellee, .acting under such understanding and agreement with his father, entered on said lands and cleared and improved them. But it was also recited in the agreed statement that the life tenant had never…
2Cases cited3 opinions
- Robinson v. SmitheyCourt of Appeals of Kentucky · 1883
- Merrifield v. Merrifield's AssigneeCourt of Appeals of Kentucky · 1885
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- Jones v. ThompsonSupreme Court of Arkansas · 1942
- Nichols v. Arkansas Trust CompanySupreme Court of Arkansas · 1944
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