Wilmoth v. Gossett
Supreme Court of Arkansas
Appeal from Boone Circuit Court. Elbridge G. Mitchell, Judge. The court erred in giving appellee homestead in the lands. Const. 1874, § 6, art. 9; II. § 3, art. 9; 66 Ark. 385; 25 111. 610; s. e. 79 Am. Dec. 350; 80 Ky. 636; 77 Tenn. 545; IT). 523; 23 Cal. 108; 25 Ga. 223; 1 Kan. 648; 42 Ark. 503; 48 Ark. 230. The 120-acre tract was never the homestead of appellee.
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Appeal from Boone Circuit Court. Elbridge G. Mitchell, Judge. The court erred in giving appellee homestead in the lands. Const. 1874, § 6, art. 9; II. § 3, art. 9; 66 Ark. 385; 25 111. 610; s. e. 79 Am. Dec. 350; 80 Ky. 636; 77 Tenn. 545; IT). 523; 23 Cal. 108; 25 Ga. 223; 1 Kan. 648; 42 Ark. 503; 48 Ark. 230. The 120-acre tract was never the homestead of appellee. Mere temporary residence there did not make it so. 22 Ark. 401; 31 Ark. 466; 57 Ark. 179; 55 Ark. 303; 43 Ark. 547. Eor requisites of homestead, see: Const. 1874, art. 9, § 4; 22 Ark. 401; 69 Ark. 596; 42 A-Hr. 175; 31 Ark. 466.…
1Opinion of the CourtBunn, C. J.
In the Boone county court, at its October term, 1900, Yesta Wilmoth, Harriett Brown, T. H. Gossett, Louisa Murry, Mattie Austin, Mary Childers, and the children and heirs at law of Sarah Marshall, deceased, children and grandchildren of William Gossett, deceased, filed their ex parte petition, reciting that their said ancestor had died intestate about the 8th day of July, 1900, leaving surviving him his widow, Mary Ann Gossett and the petitioners, and seized and possessed of about 187 acres of land near the town of Harrison in said county of Boone, describing the same; that his widow, the…
2Cited by10 opinions
- Newton v. RussianSupreme Court of Arkansas · 1905
- Bruce v. BruceSupreme Court of Arkansas · 1928
- Grimes v. LusterSupreme Court of Arkansas · 1904
- Brown v. BrownSupreme Court of Arkansas · 1912
- Campbell v. GehebSupreme Court of Arkansas · 1975
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