Miller v. Davis
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court in Chancery, Western District. RichaRd H. Powell, Judge. STATEMENT BY THE COURT. This is an action by two of the children and minor heirs of A. J. Cravens, to recover a tract of land owned and occupied by him as a homestead at the time of his death, which occurred about 1870. After his death the land was, by order of the probate court, sold to pay debts of his estate, and the appellant, John Miller, Jr., claims under such sale.
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Appeal from Lawrence Circuit Court in Chancery, Western District. RichaRd H. Powell, Judge. STATEMENT BY THE COURT. This is an action by two of the children and minor heirs of A. J. Cravens, to recover a tract of land owned and occupied by him as a homestead at the time of his death, which occurred about 1870. After his death the land was, by order of the probate court, sold to pay debts of his estate, and the appellant, John Miller, Jr., claims under such sale. This sale was made during the minority oí some of the children of Cravens. The circuit court held that the probate court had no…
1Opinion of the Court
Riddick, J.,
(after stating the facts). It has been settled by repeated adjudications in this state that the probate court has no jurisdiction to order the sale of the homestead for the payment of the ordinary debts of the estate. This was the law under the constitution of 1868, as well as under our present constitution. Bond v. Montgomery, 56 Ark. 563; Burgett v. Apperson, 52 Ark. 213; McCloy v. Trotter, 47 Ark. 445; Booth v. Goodwin, 29 Ark. 633.
The homestead does not go to the administrator as one of the assets of the estate for the payment of debts, but, after the death of the owner…
2Cases cited9 opinions
- Burgett v. AppersonSupreme Court of Arkansas · 1889
- McCloy & Trotter v. ArnettSupreme Court of Arkansas · 1886
- Bond v. MontgomerySupreme Court of Arkansas · 1892
- Anthony v. RiceSupreme Court of Missouri · 1892
- Howe v. McGivernWisconsin Supreme Court · 1870
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3Cited by2 opinions
- Cline v. NibloTexas Supreme Court · 1928
- Ramstadt v. ThunemSupreme Court of Minnesota · 1917