Gates & Bro. v. Steele
Supreme Court of Arkansas
APPEAL from Prairie Circuit Court. Hon. M. T. Sanders, Judge. 1. The appellee was not a married man or the head of' a family, within the meaning of the constitution. His-wife did not live with him, nor had he any family dependent upon him for support.
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APPEAL from Prairie Circuit Court. Hon. M. T. Sanders, Judge. 1. The appellee was not a married man or the head of' a family, within the meaning of the constitution. His-wife did not live with him, nor had he any family dependent upon him for support. Art. 9, sec. 3, Const. 1874; Potter’s Eioar. on Stat., p. 175; 1 Kent Corn., p. 510; 84 Ark.,. 158; 87 ib., 648; 4® ib., 539; Thomp. on Homest. and Ex., secs. 873-4• 2. Appellee did not reside on the land at the time of the levy, nor occupy same as a homestead, nor had he resided upon or occupied same for a long time prior to the-levy of the…
1Opinion of the CourtSmith, J.
Gates & Brother recovered a judgment against Steele, and sued out an execution, which was levied on eighty acres of land. The defendant filed his schedule, claiming the land as his homestead, and the clerk of the circuit court stayed the sale. The plaintiffs now moved the court to quash the supersedeas upon two grounds: First — That Steele was not a married man, nor the head of a family, within the meaning of the exemption clause of the constitution; and second — That the land was not occupied as a home at the date of the levy. But the circuit court refused to discharge the supersedeas.
Steele…
2Cases cited2 opinions
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- Sterling v. LandisCourt of Appeals of Arkansas · 1983
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