Legal Opinion

Pace v. Robbins

Supreme Court of Arkansas

Decided December 2, 1899PublishedCited by 7 opinions

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

  1. Blythe v. JettSupreme Court of Arkansas · 1889
  2. Graham v. CulverWyoming Supreme Court · 1892

3Cited by7 opinions

  1. Bank of Sun Prairie v. HovigDistrict Court, W.D. Arkansas · 1963
  2. Newton v. RussianSupreme Court of Arkansas · 1905
  3. Barnhart v. GormanSupreme Court of Arkansas · 1917
  4. Jones v. DillardSupreme Court of Arkansas · 1902
  5. Price v. PriceSupreme Court of Arkansas · 1973

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