Pace v. Robbins
Supreme Court of Arkansas
Appeal from Marion Circuit Court in Chancery The homestead allowed outside of a city, town or village can embrace no more than 160, nor less than 80, acres, and must not exceed in value the sum of $2,500. Const, of Ark. ai't. 9, § 4. To constitute a “family,” within the meaning of the homestead law, there must be a condition of dependence, and not a mere aggregation' of individuals. Thomp.
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Appeal from Marion Circuit Court in Chancery The homestead allowed outside of a city, town or village can embrace no more than 160, nor less than 80, acres, and must not exceed in value the sum of $2,500. Const, of Ark. ai't. 9, § 4. To constitute a “family,” within the meaning of the homestead law, there must be a condition of dependence, and not a mere aggregation' of individuals. Thomp. Horn. & Ex. §§ 45, 46. He who seeks the benefits of the homestead law must bring himself strictly within its terms. 34 Ark. Ill; 55 Ark. 449.
1Opinion of the Court
. Wood, J.
This suit was brought by appellant to uncover certain real estate, consisting of 138| acres, and to subject same to the payment of appellant’s debt; he being a judgment creditor.
The answer set up that the land in controversy was a homestead, but failed to allege that it did not exceed in value the sum of $2,500, and there was no proof as to the value of the alleged homestead. The court found that the land mentioned in the complaint was a homestead, and not subject to appellant’s debt, and dismissed his complaint.
Upon the pleadings and proof, the court erred in finding that the…
2Cases cited2 opinions
- Blythe v. JettSupreme Court of Arkansas · 1889
- Graham v. CulverWyoming Supreme Court · 1892
3Cited by7 opinions
- Bank of Sun Prairie v. HovigDistrict Court, W.D. Arkansas · 1963
- Newton v. RussianSupreme Court of Arkansas · 1905
- Barnhart v. GormanSupreme Court of Arkansas · 1917
- Jones v. DillardSupreme Court of Arkansas · 1902
- Price v. PriceSupreme Court of Arkansas · 1973
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