Spurlock v. Gaikens
Supreme Court of Arkansas
Appeal from Desha Circuit Court; W. B. Sorrells, Judge. STATEMENT OP PACTS. Appellant brought this suit in ejectment against appellees in the circuit court to recover possession of certain tracts of land. The case was tried before the court sitting as a jury upon an agreed statement of facts, which is substantially as follows: Tony Gaikens was the owner of eighty acres of land which he occupied with his wife, Josephine Gaikens, as his homestead.
Read the full summary
Appeal from Desha Circuit Court; W. B. Sorrells, Judge. STATEMENT OP PACTS. Appellant brought this suit in ejectment against appellees in the circuit court to recover possession of certain tracts of land. The case was tried before the court sitting as a jury upon an agreed statement of facts, which is substantially as follows: Tony Gaikens was the owner of eighty acres of land which he occupied with his wife, Josephine Gaikens, as his homestead. While he resided on his homestead, a judgment was obtained against Mm and an execution issued and levied on the land. Appellant became the purchaser…
1Opinion of the CourtHart, J.
(afaer stating the facts). Art. 9, sec. 3, of the Constitution of 1874 provides that the homestead of any resident of this State who is married or the head of a family shall not be subject to the lien of any judgment or decree of any court, or to sale under execution, or other process thereon, except such as may be rendered for the purchase money, or in certain other specified instances.
Counsel for appellant admit that the homestead in this case was not subject to execution under the judgment against Gaikens, hut they insist that the judgment be reversed under the authority of Snider v.…
2Cases cited1 opinion
- Snider v. MartinSupreme Court of Arkansas · 1891
3Cited by2 opinions
- Rowe v. GoseSupreme Court of Arkansas · 1966
- McKee v. WatersSupreme Court of Arkansas · 1924