Robson v. Hough
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Robson, Block & Co. obtained judgment in 1888 against N. A. Hough, and in 1891 procured an execution to be levied upon his undivided interest, as one of the four heirs of his mother, in certain lands which had descended from her. He filed a schedule, claiming that, being the head of a family, the land constituted his homestead. The court found that the land was exempt, and awarded a supersedeas to stay the execution.
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Appeal from Phillips Circuit Court. Robson, Block & Co. obtained judgment in 1888 against N. A. Hough, and in 1891 procured an execution to be levied upon his undivided interest, as one of the four heirs of his mother, in certain lands which had descended from her. He filed a schedule, claiming that, being the head of a family, the land constituted his homestead. The court found that the land was exempt, and awarded a supersedeas to stay the execution. The sufficiency of the evidence to sustain the finding is the only question raised on the appeal. Hough testified as follows : ‘ ‘ I am a…
1Opinion of the CourtCockrilu, C. J.
i. Homestead in estate common,
An estate in common with others is sufficient to support a homestead exemption, withoutin exclusive possession .by the tenant who claims the privilege. Ward v. Mayfield, 41 Ark. 94; Thompson v. King, 54 id. 9.
% wteu right of home-attaches,
When real estate decends to several persons as ten- . . . 1 . -. ants m common, one of whom is married and residing the land with his family at the ancestor’s death, intending to continue his residence upon it as a home when the decent is cast, the privilege of the homestead attaches to his interest in the land the instant the…
2Cases cited2 opinions
- Jones v. GlidewellSupreme Court of Arkansas · 1890
- Ward v. MayfieldSupreme Court of Arkansas · 1883
3Cited by13 opinions
- City National Bank v. JohnsonSupreme Court of Arkansas · 1936
- Harris v. RaySupreme Court of Arkansas · 1913
- Spaulding v. HaleySupreme Court of Arkansas · 1911
- Newton v. RussianSupreme Court of Arkansas · 1905
- López Rudón v. LópezSupreme Court of Puerto Rico · 1935
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