Montgomery v. Dane
Supreme Court of Arkansas
Appeal from Randolph Chancery Court; George T. Humphries, Chancellor; 1. It was error to transfer the case to equity. The only issue raised by the pleadings was whether the land was the homestead of Elijah Dane, and that defense could have been interposed at law. 2. If the land was the homestead of appellee and her husband, it was abandoned when they separated, and each moved away from the land. x.
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Appeal from Randolph Chancery Court; George T. Humphries, Chancellor; 1. It was error to transfer the case to equity. The only issue raised by the pleadings was whether the land was the homestead of Elijah Dane, and that defense could have been interposed at law. 2. If the land was the homestead of appellee and her husband, it was abandoned when they separated, and each moved away from the land. x. The appeal should be dismissed for failure of appellant to file a proper transcript. 2. The appellant having failed to make an abstract setting out the material parts of the pleadings and evidence,…
1Opinion of the CourtHire, C. J.
Montgomery sued Mrs. Dane for a tract of land. She airswered, claiming ownership by a purchase from one Hamil, to whom she and her husband had conveyed, and asserting and claiming a homestead right in the property, and alleging that it was her husband’s homestead at time of its sale under execution under which Montgomery purchased; thar the sale was for a debt, not a lien on a homestead, and that Montgomery had acquired no title from his sale, and the same was a cloud on her title, and alleged a redemption from the sale to Hamil, and she asked a cancellation of Montgomery’s title and the…
2Cases cited6 opinions
- Sidway v. LawsonSupreme Court of Arkansas · 1893
- Hollis v. StateSupreme Court of Arkansas · 1894
- Newton v. RussianSupreme Court of Arkansas · 1905
- Farmers' Building & Loan Ass'n v. JonesSupreme Court of Arkansas · 1900
- Moore v. DunningIllinois Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rawlins v. Dade Lumber Co.Supreme Court of Florida · 1920
- McKenzie v. RumphSupreme Court of Arkansas · 1926
- Brignardello v. CooperSupreme Court of Arkansas · 1915
- Nicholas v. WardSupreme Court of Arkansas · 1943
- Julian v. AndrewsCourt of Appeals of Texas · 1973
1 more not listed; retrieve them via the Exa API.