Carr v. Harrington
Supreme Court of Arkansas
Appeal from Garland Circuit Court; C. T. Gotham, Judge; 1. The court erred in ordering the homestead sold in satisfaction of the two $500 demands, because they were not reduced to judgment during Carr’s lifetime. Section 3 of article 9 of the Constitution refers to the homestead rights of a man while he is alive, and is intended to exempt his homestead from the liens of judgments and decrees except such as may be rendered upon a certain class of obligations.
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Appeal from Garland Circuit Court; C. T. Gotham, Judge; 1. The court erred in ordering the homestead sold in satisfaction of the two $500 demands, because they were not reduced to judgment during Carr’s lifetime. Section 3 of article 9 of the Constitution refers to the homestead rights of a man while he is alive, and is intended to exempt his homestead from the liens of judgments and decrees except such as may be rendered upon a certain class of obligations. This section refers to liens and not to debts. Section 6 of that article prescribes the rights of a man’s widow and minor children to…
1Opinion of the CourtSmith, J.
Appellant is the widow of J. A. Carr, and upon his death qualified as administratrix of his estate. Carr died on July 17, 1907, leaving his Avidow and one child, seven years old. Appellee filed four different claims against this estate, amounting to $1,390, all of which were allowed by the probate court, and an appeal to the circuit court was taken, where, upon a trial de novo, there was a judgment in appellee’s favor for all of the demands, except one for $250. Thereafter appellee filed his petition in the probate court, alleging that the said money was due her from the said J. A. Carr at…
2Cases cited3 opinions
- United States Fidelity & Guaranty Co. v. SmithSupreme Court of Arkansas · 1912
- Gilbert v. NeelySupreme Court of Arkansas · 1879
- Sanders v. SandersSupreme Court of Arkansas · 1892
3Cited by6 opinions
- In Re LambCalifornia Court of Appeal · 1923
- Vaughan v. ShireySupreme Court of Arkansas · 1948
- Murry v. HaleDistrict Court, E.D. Arkansas · 1962
- Trott v. JonesCourt of Appeals of Arkansas · 2004
- Arnold v. StephensSupreme Court of Arkansas · 1927
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