Stuckey v. Horn
Supreme Court of Arkansas
Appeal from Saline Chancery Court; J. P. Henderson, Chancellor; The leases are void, and should be set aside. The homestead was urban in a town or village, and consisted of one acre. The balance of the land should be partitioned among the heirs. Kirby’s Digest, § § 3791, 3899, 3900; 20 Ark. 56; 71 111. 568; 21 Id. 48; 113 Wis. 399; 86 N. W. 677; 32 Tex. Civ. App. 18; 119 U. S. 680; 151 Ala. 561. The whole tract was a rural homestead, and could not be partitioned.
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Appeal from Saline Chancery Court; J. P. Henderson, Chancellor; The leases are void, and should be set aside. The homestead was urban in a town or village, and consisted of one acre. The balance of the land should be partitioned among the heirs. Kirby’s Digest, § § 3791, 3899, 3900; 20 Ark. 56; 71 111. 568; 21 Id. 48; 113 Wis. 399; 86 N. W. 677; 32 Tex. Civ. App. 18; 119 U. S. 680; 151 Ala. 561. The whole tract was a rural homestead, and could not be partitioned. Const., art. 9, § 6; Kirby’s Digest, § 4309; 92 Ark. 260; 31 Id. 145; 47 Id. 504; 47 Id. 445; 49 Id. 75; 50 Id. 329; 52 Id. 213; 56…
1Opinion of the CourtSmith, J.
One Chris Stuckey died intestate on December 26, 1909, and left surviving him his widow and seven minor children. William Stuckey was the oldest child and he reached his majority on June 29, 1916. Thereafter William Stuckey brought suit for the parth tion of certain lands described in Ms complaint. He alleged therein that the widow, for herself and as guardian for the minor children, had executed leases of the land described to the Bauxite Mercantile Company, a copartnership, and to the American Bauxite Company. That the lease to the American Bauxite Company was a mineral lease under which…
2Cases cited4 opinions
- Clements v. Crawford County BankSupreme Court of Arkansas · 1897
- Cherokee Construction Co. v. HarrisSupreme Court of Arkansas · 1909
- Spaulding v. HaleySupreme Court of Arkansas · 1911
- McCrosky v. WalkerSupreme Court of Arkansas · 1892
3Cited by13 opinions
- Bank of Sun Prairie v. HovigDistrict Court, W.D. Arkansas · 1963
- King v. SweattDistrict Court, W.D. Arkansas · 1953
- Jordan v. JordanSupreme Court of Arkansas · 1950
- Farmers Cooperative Ass'n v. StevensSupreme Court of Arkansas · 1976
- Field v. TynerSupreme Court of Arkansas · 1924
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