Curtis v. Des Jardins
Supreme Court of Arkansas
APPEAL from Prairie Circuit Court, Southern district. Matthew T. Sanders, Judge. Des Jardins, Miller & Roots instituted suit against S. B. ■Curtis, who was engaged in the business of a merchant, and procured an attachment to be levied upon the south part of 'lots 5 and 6, in block 13, in the town of Hazen. The attachment was sustained. Defendant moved to discharge the •attachment because the property was a part of his homestead.
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APPEAL from Prairie Circuit Court, Southern district. Matthew T. Sanders, Judge. Des Jardins, Miller & Roots instituted suit against S. B. ■Curtis, who was engaged in the business of a merchant, and procured an attachment to be levied upon the south part of 'lots 5 and 6, in block 13, in the town of Hazen. The attachment was sustained. Defendant moved to discharge the •attachment because the property was a part of his homestead. From the evidence the court found the facts to be, that the property levied upon, towit, the south part of lots 5 and 6, block 13, town of Hazen, had been separated…
1Opinion of the CourtCockrill, C. J.
The bill of exceptions does not profess to contain all the evidence introduced upon the trial. The ■only question therefore is, does the judgment follow from the court’s special finding of facts? The finding is, in sub.stance, that the storehouse, which was condemned to be sold under the attachment, had been segregated bythe judgment ■debtor from his homestead property. The question as to what constitutes such a separation is not presented, for the presumption is that there was sufficient evidence adduced to sustain the court in finding that the debtor had manifested the intent to contract…
2Cited by5 opinions
- Grimes v. LusterSupreme Court of Arkansas · 1904
- Hempstead County v. PhillipsSupreme Court of Arkansas · 1906
- In re EvansUnited States Bankruptcy Court, E.D. Arkansas · 1995
- Tharpe v. Western Union Telegraph Co.Supreme Court of Arkansas · 1910
- In Re McCallUnited States Bankruptcy Court, E.D. Arkansas · 1995