Stokes v. Pillow
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. H. N. Hutton, Judge. This was an action of ejectment to recover the possession of two lots in the city of Helena. The facts upon which the action was based are as follows: Vincent Taft was the owner of the lots in question, which, with the dwelling thereon, constituted his homestead.
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Appeal from Phillips Circuit Court. H. N. Hutton, Judge. This was an action of ejectment to recover the possession of two lots in the city of Helena. The facts upon which the action was based are as follows: Vincent Taft was the owner of the lots in question, which, with the dwelling thereon, constituted his homestead. In the year 1872 he executed his last will and testament, the portion of same material to consider here being in the following words: “I give and bequeath unto my beloved wife, Amanda M. Tapp, all my real and personal estate of whatever kind I may die possessed of, land,…
1Opinion of the Court
Statute op Limitation—Proceeding To Subject Decedent’s Homestead to sale for his debts which is brought within three years after expiration of the homestead estate of his widow is not barred, though more than seven years have elapsed since his death. (Page 5.)
STATEMENT BY THE COURT .
The circuit court held that the lots could be subjected 'to the debts of the estate, and gave judgment in favor of the administrator.
1. It was the duty of creditors to administer, on the failure of the widow or next of kin, and the statute began to run from the expiration of the thirty days. Sand. & H. Dig., § 7.
2.…
2Cases cited4 opinions
- Mays v. RogersSupreme Court of Arkansas · 1881
- Fitzhugh v. HubbardSupreme Court of Arkansas · 1883
- Hazelett v. FarthingCourt of Appeals of Kentucky · 1893
- Manly v. KiddMississippi Supreme Court · 1857
3Cited by8 opinions
- Roberts v. MillerSupreme Court of Arkansas · 1927
- Miller v. Fidelity Bankers Trust Co.Tennessee Supreme Court · 1932
- Costen v. FrickeSupreme Court of Arkansas · 1925
- Helm v. LeggettSupreme Court of Arkansas · 1898
- Wofford v. JamesSupreme Court of Arkansas · 1942
3 more not listed; retrieve them via the Exa API.