In re Morrison
District Court, E.D. Arkansas
In Bankruptcy. On review of decision of referee. The facts as found by the referee in bankruptcy, and to which no exceptions are taken, are substantially as follows: The bankrupt is 26 years old, an unmarried man, and the owner of a lot, with a small house thereon, which he claims as exempt as his homestead. He purchased it with the proceeds of a legacy left him by an aunt about 5 years ago.
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In Bankruptcy. On review of decision of referee. The facts as found by the referee in bankruptcy, and to which no exceptions are taken, are substantially as follows: The bankrupt is 26 years old, an unmarried man, and the owner of a lot, with a small house thereon, which he claims as exempt as his homestead. He purchased it with the proceeds of a legacy left him by an aunt about 5 years ago. He resides on the property, and has with him his widowed mother and a half-brother, who is now about 16 years of age. The bankrupt is a fireman on a railroad locomotive, and contributes to the support of…
1Opinion of the CourtTrieber, District Judge
(after stating the facts). The constitutional provision of the state of Arkansas is as follows:
“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 thereof, except,” etc. (the exceptions not being applicable to the case at bar). Const. Ark. art. 9, § 3.
The only question to be determined is whether the bankrupt, upon the facts of this case, is “the head of a family,” within the meaning of this constitutional provision. The question has never been…
2Cases cited12 opinions
- Wade v. JonesSupreme Court of Missouri · 1854
- Harbison v. VaughanSupreme Court of Arkansas · 1884
- Parsons v. LivingstonSupreme Court of Iowa · 1860
- Greenwood v. Maddox & TomsSupreme Court of Arkansas · 1872
- Moyer v. DrummondSupreme Court of South Carolina · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re OpavaDistrict Court, N.D. Iowa · 1916
- Morehead v. YongueSupreme Court of Florida · 1938