Tumlinson v. Swinney
Supreme Court of Arkansas
The “ residence” of a defendant, to entitle him to the benefit of a homestead exemption from execution, must, under the statute, be a bona fide actual residence. The purpose of the act is to exempt from sale that place of residence which is the real home place of the debtor. Gould's Dig. Ch. 68, Sec. 29. The residence, to exempt, must attach in apt time, before a levy made under an execution.
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The “ residence” of a defendant, to entitle him to the benefit of a homestead exemption from execution, must, under the statute, be a bona fide actual residence. The purpose of the act is to exempt from sale that place of residence which is the real home place of the debtor. Gould's Dig. Ch. 68, Sec. 29. The residence, to exempt, must attach in apt time, before a levy made under an execution. Analogous cases, 18 Ala. 127; 14 Ark. 57; 15 lb. 272; 18 lb. 419. A party may have two residences within the purview of the statute, and is privileged to select either for a homestead — it is sufficient…
1Opinion of the CourtChief Justice English
Tumlinson brought ejectment against Swinney, for the N. E. quarter of section 29, and the south half of the S. E. quarter of section 20, in T. 3 N. It. 29 W., Scott county.
On the trial before the court, sitting as a jury, the following evidence was introduced :
On the 16th of January 1855, Swinney gave his bond to Joseph J. Tumlinson for $2,961 50 with interest at 10 per cent.
On the 3d of March, 1858, Olivia Tumlinson, executrix of Joseph J. Tumlinson, obtained a judgment against Swinney, in the Scott circuit court, for the amount of the bond.
On the 19th of March, 1858, an execution issued on…
2Cited by21 opinions
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- Elliott v. BondSupreme Court of Oklahoma · 1918
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