Duffy v. Harris
Supreme Court of Arkansas
Appeal from Lee Circuit Court Hance N. Hutton, Judge. STATEMENT BY THE COURT To an action of an ejectment brought by the appellee, the widow of Dan Harris, deceased, against the appellant, the daughter of said Dan Harris, to recover possession of the homestead of the deceased, the appellant answered in substance that the appellee had, before the death of said Dan Harris, wilfully deserted and abandoned her husband, the said Dan Harris, and the homestead in suit, wholly…
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Appeal from Lee Circuit Court Hance N. Hutton, Judge. STATEMENT BY THE COURT To an action of an ejectment brought by the appellee, the widow of Dan Harris, deceased, against the appellant, the daughter of said Dan Harris, to recover possession of the homestead of the deceased, the appellant answered in substance that the appellee had, before the death of said Dan Harris, wilfully deserted and abandoned her husband, the said Dan Harris, and the homestead in suit, wholly without provocation, and removed, against his protest and earnest entreaties, to the state of Tennessee, where she…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The homestead provision for the widow (Const. 1874, art 9, § 6) is as follows: “If the owner of a homestead die, leaving a widow but no children, and said widow has no separate homestead in her own right, the same shall be exempt, and the rents and profits thereof shall vest in her during her natural life, provided that if the owner leaves children, one or more, said child or children shall share with said widow, and be entitled to half the rents and profits till each arrives at twenty-one years of age — each child’s right to cease at twenty-one years of…
2Cases cited7 opinions
- Prater v. PraterTennessee Supreme Court · 1888
- Trawick v. HarrisTexas Supreme Court · 1852
- Hot Springs R. R. v. WilliamsonSupreme Court of Arkansas · 1885
- Earle's Ex'ors v. EarleTexas Supreme Court · 1853
- Johnston v. TurnerSupreme Court of Arkansas · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mason v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1910
- Bruce v. BruceSupreme Court of Arkansas · 1928
- Brown v. BrownSupreme Court of Arkansas · 1912
- Johnson v. TaylorSupreme Court of Arkansas · 1919
- Redmond's Admx. v. RedmondCourt of Appeals of Kentucky · 1902
3 more not listed; retrieve them via the Exa API.