Greer v. Griffis-Newbern Co.
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. The appellee obtained a judgment against appellant in the sum of $2,424.09 and caused execution to be issued, which was levied upon a certain tract of land in Lee County as the property of appellant. Appellant filed his schedule with the clerk of the circuit court, claiming the lands as a homestead. Supersedeas was issued by the clerk. The appellee moved to quash the 'supersedeas.
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; STATEMENT BY THE COURT. The appellee obtained a judgment against appellant in the sum of $2,424.09 and caused execution to be issued, which was levied upon a certain tract of land in Lee County as the property of appellant. Appellant filed his schedule with the clerk of the circuit court, claiming the lands as a homestead. Supersedeas was issued by the clerk. The appellee moved to quash the 'supersedeas. Upon a trial of the issues raised by the motion, appellant testified substantially as follows: The land in controversy belonged to his…
1Opinion of the CourtWood, J.
(after stating the facts.)(1) Appellant could not acquire a homestead in his own right so long as there was an outstanding right of homestead in his sister. Brooks v. Goodwin, 123 Ark. 607. See also Kulbeth v. Drew County Timber Co., 125 Ark. 291.
Upon the death of his sister, appellant came into possession of the property by virtue of his right of inheritance, and he could only ground a claim of homestead after having impressed and occupied it as such.(2) A preponderance of the evidence shows that appellant was not entitled to have the lands declared exempt from execution under his claim of…
2Cases cited4 opinions
- Tillar v. BassSupreme Court of Arkansas · 1893
- Kulbeth v. Drew County Timber Co.Supreme Court of Arkansas · 1916
- Brooks v. GoodwinSupreme Court of Arkansas · 1916
- Gebhart v. MerchantSupreme Court of Arkansas · 1907
3Cited by3 opinions
- Rettig v. Houston West End Realty Co.Texas Commission of Appeals · 1923
- Keesee v. BushartSupreme Court of Arkansas · 1942
- Scanland v. WaltersSupreme Court of Missouri · 1930