Brown v. Watson
Supreme Court of Arkansas
APPEAL from Ouachita Circuit Court in Chancery, lion. C. E. Mitciibl Circuit Judge. The wife has uo present rights and was improperly joined. ■37 Arle., 298. I. The 2nd sec. art. 12, Const. 1868, as interpreted, is in conflict with bill of rights, and inconsistent with the genius of our government. It assumes to prevent the alienation and disposal of private property, an assumption of power by the government that cannot be conceded.
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APPEAL from Ouachita Circuit Court in Chancery, lion. C. E. Mitciibl Circuit Judge. The wife has uo present rights and was improperly joined. ■37 Arle., 298. I. The 2nd sec. art. 12, Const. 1868, as interpreted, is in conflict with bill of rights, and inconsistent with the genius of our government. It assumes to prevent the alienation and disposal of private property, an assumption of power by the government that cannot be conceded. Const. 1868, sec. 24, art, 1; 11 Arle., 481; Cooley Const. Lien, (4th ed. ) p. p., 44-5-6-7 and notes. 2. This section has been repealed by the present…
1Opinion of the Court
OPINION.
1. Homested: A1 an Ronment. Temporary removal irom. We approve the finding of the chancellor upon the facts. The property was rightfully a homestead, and had never-been abandoned as such, although there had been temporary removals for business purposes. The complainant was-a journeyman carpenter, and compelled to seek work away from home. The wife had sometimes gone with him to-other places, working herself to aid in the family support. A part of the while, in the absence of the husband and wife,, the house was occupied by Watson’s mother and his children. Sometimes it was occupied by…
2Cited by8 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Stewart v. PritchardSupreme Court of Arkansas · 1911
- Smith v. Flash TV Sales and Service, Inc.Court of Appeals of Arkansas · 1986
- Newton v. RussianSupreme Court of Arkansas · 1905
- Gray v. PattersonSupreme Court of Arkansas · 1898
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