Simpson v. Biffle
Supreme Court of Arkansas
Appeals from Clay Circuit Court in Chancery, and from Craighead Circuit Court, Jonesboro District. Eebix G. Tayeok, Judge. The general rule is that money realized from a voluntary sale of the homestead or other exempt property is subject to execution. But where sold under an execution or at forced sale, the proceeds in excess of the amount required to satisfy the liens are exempt from seizure and sale under execution. 48 N. Y. 188; 86 Am. Dec. 707; 92 Am.
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Appeals from Clay Circuit Court in Chancery, and from Craighead Circuit Court, Jonesboro District. Eebix G. Tayeok, Judge. The general rule is that money realized from a voluntary sale of the homestead or other exempt property is subject to execution. But where sold under an execution or at forced sale, the proceeds in excess of the amount required to satisfy the liens are exempt from seizure and sale under execution. 48 N. Y. 188; 86 Am. Dec. 707; 92 Am. Dec. 112; 22 N. E. Rep. 613; 93 Ill. 387. The surplus must be treated as land. 7 Wend. 259; 20 N. Y. 412; 2 Freem. Ex. 447; 29 Pa. St. 362;…
1Opinion of the Court
BaTTI/S, J.
On the first day of April, 1893, J. S. Simpson was, and at all times since has been, a citizen and resident of the State of Arkansas, and the head of a family. During all this time he and his family resided upon lots 10 and 11 in block 5, in the town of Rector, in Clay county, in this state. The value of these lots and the improvements thereon did not exceed the sum of $2,500, and the area thereof did not exceed one-fourth of an acre. Previous to the time he entered into the possession of the lots, the Peters Shoe Company recovered a judgment in the Clay circuit court, at the…
2Cases cited12 opinions
- Anderson v. HubbleIndiana Supreme Court · 1884
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Branch v. PolkSupreme Court of Arkansas · 1895
- Gainus v. CannonSupreme Court of Arkansas · 1884
- Meley v. CollinsCalifornia Supreme Court · 1871
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3Cited by23 opinions
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- Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
- Wambeke v. HopkinWyoming Supreme Court · 1962
- Holland v. BlanchardCourt of Appeals of Texas · 1924
- Waits v. MooreSupreme Court of Arkansas · 1909
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