Gray v. Bank of Hartford
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Greenwood District; W. A. Falconer, Chancellor; 1. The court’s holding that appellee’s plea of former adjudication was well taken because of appellant’s failure to plead the homestead right in the former suit, is in direct conflict with the decision of this court in Bunch v. Keith, 64 Ark. 654. See also 55 Ark. 55. No mention of these cases is made by the court in Baker v. Hudson, 117 Ark. 492, relied on by appellee, and it cannot be…
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Appeal from Sebastian Chancery Court, Greenwood District; W. A. Falconer, Chancellor; 1. The court’s holding that appellee’s plea of former adjudication was well taken because of appellant’s failure to plead the homestead right in the former suit, is in direct conflict with the decision of this court in Bunch v. Keith, 64 Ark. 654. See also 55 Ark. 55. No mention of these cases is made by the court in Baker v. Hudson, 117 Ark. 492, relied on by appellee, and it cannot be that the latter case was intended to overrule the former. See also 96 Ark. 540; 11 Am. & Eng. Enc. of L., 390. 2. Counsel…
1Opinion of the CourtHumphreys, J.
This suit was instituted in the Greenwood District of the Sebastian Chancery Court by appellant against appellees, to enjoin them from ousting him under writ of possession from 160 acres of land near Bonanza, Arkansas, claimed by him as a homestead, and, for that alleged reason, not subject to process.
Appellees answered denying that the land was appellant’s homestead and exempt to him under the laws of the State.
The cause was heard upon the pleadings and evidence, from which the court found that the land was not the homestead of appellant, and decreed a dismissal of his bill for the want of…
2Cases cited9 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Stewart v. PritchardSupreme Court of Arkansas · 1911
- Fourche River Lumber Co. v. WalkerSupreme Court of Arkansas · 1910
- Morris v. CoveySupreme Court of Arkansas · 1912
- Lucius v. Cawthon-Coleman Co.Supreme Court of the United States · 1905
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3Cited by12 opinions
- City National Bank v. JohnsonSupreme Court of Arkansas · 1936
- Harris v. Whitworth, AdministratorSupreme Court of Arkansas · 1948
- C. A. R. Transportation Brokerage Co. v. SeaySupreme Court of Arkansas · 2007
- Gillis v. GillisSupreme Court of Arkansas · 1924
- Beeson v. ByarsSupreme Court of Arkansas · 1933
7 more not listed; retrieve them via the Exa API.