Legal Opinion

White Sewing Machine Co. v. Wooster

Supreme Court of Arkansas

Decided April 22, 1899PublishedCited by 8 opinions

Appeal from Franklin Chancery Court. Thomas B. Martin, Chancellor. A husband has no right of homestead in the lands of his wife. Const. (1874), art. 9, §§ 3—6. No homestead is allowed to a person after ceasing to be the head of a family. Freeman, Ex. § 240. Occupancy is essential to the claim. 29 Ark. 401; 31 ib. 466; 42 ib. 175; 51 ib. 87. A home is necessary to a homestead exemption.

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Appeal from Franklin Chancery Court. Thomas B. Martin, Chancellor. A husband has no right of homestead in the lands of his wife. Const. (1874), art. 9, §§ 3—6. No homestead is allowed to a person after ceasing to be the head of a family. Freeman, Ex. § 240. Occupancy is essential to the claim. 29 Ark. 401; 31 ib. 466; 42 ib. 175; 51 ib. 87. A home is necessary to a homestead exemption. Freeman, Ex. § 241. A mere aggregation of individuals is not a family. 42 Ark. 539. A tenant by curtesy can claim homestead. Thomps. Horn. & Ex. § 174; 79 111. 456; 54 Ark. 9; 56 Ark. 621. The husband did not…

1Opinion of the CourtBunn, C. J.

This is a .bill in the Faulkner chancery court by the appellees against the appellant company to remove a cloud upon plaintiff’s title to lots Nos. 11, 12, 23 and 24 in block 26 of Robinson’s plan of the town of Conway, Faulkner county, Arkansas. Decree for plaintiffs, and the defendant appealed to this court.

Narcissa Wooster departed this life on the 25th of October, 1896, leaving surviving her her husband, J. P. Wooster, Sr., and her and his children, J. P. Wooster, Jr., aged 27 or 28 years; Mrs. Mary Ellen Gellenwater, aged 25 years; and Mrs. Annie L. Tate, aged 22 years,—and seized of the…

2Cases cited8 opinions

  1. Stanley v. SnyderSupreme Court of Arkansas · 1884
  2. Orr v. ShraftMichigan Supreme Court · 1871
  3. Rockafellow v. PeaySupreme Court of Arkansas · 1882
  4. Robson v. HoughSupreme Court of Arkansas · 1892
  5. Thompson v. KingSupreme Court of Arkansas · 1890

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Holmes v. HolmesSupreme Court of Oklahoma · 1910
  2. Brooks v. GoodwinSupreme Court of Arkansas · 1916
  3. McKillip v. Farmers' State Bank of Des LacsNorth Dakota Supreme Court · 1915
  4. Nichols v. Arkansas Trust CompanySupreme Court of Arkansas · 1944
  5. Maynard v. HendersonSupreme Court of Arkansas · 1915

3 more not listed; retrieve them via the Exa API.

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