Gibbs v. Adams
Supreme Court of Arkansas
Appeal from Hot Spring Chancery Court. Leeand Weatherman, Chancellor. A homestead may include land separated by an easement, and yet retain the exempt character.
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Appeal from Hot Spring Chancery Court. Leeand Weatherman, Chancellor. A homestead may include land separated by an easement, and yet retain the exempt character. Waples, Homestead and Exemptions, p. 150; Thompson’s Homestead and Exemptions, p. 136; lb. p. 112. A garden separated by-a street may be part of an exempt homestead. 49 S. W. Rep. 633. The phrase “one town or city lot” includes the ground on -which the head of the family has a house, with the appurtenances' used as a home. 25 Ark. 101; Waples, Homestead and Exemptions, 232; Thompson, Homestead and Exemptions, pp. 88, 89. Actual…
1Opinion of the CourtRiddick, J.
This is a controversy between E. Adams and other creditors of W. T. Gibbs and his wife, Sidney Gibbs, over a piece of land which she claims as a homestead, and exempt from execution against her husband. The chancery court, to which the case was transferred, held that the evidence failed to show that the land was a homestead, and ordered the land sold to pay the debts. Mrs. Gibbs appealed.
Briefly stated, the evidence -shows that W. T. Gibbs owned about two acres and a half of land in the town of Malvern, .on which was his dwelling and homestead. A street of the town divided the land in two…
2Cases cited1 opinion
- Tillar v. BassSupreme Court of Arkansas · 1893
3Cited by17 opinions
- Bank of Sun Prairie v. HovigDistrict Court, W.D. Arkansas · 1963
- Stewart v. PritchardSupreme Court of Arkansas · 1911
- Clark v. CoxSupreme Court of Florida · 1920
- Chastain v. Arkansas Bank & Trust Co.Supreme Court of Arkansas · 1923
- Smith v. Flash TV Sales and Service, Inc.Court of Appeals of Arkansas · 1986
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