Robinson v. Swearingen
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Greenwood district. John S. Little, Judge. J. M. Robinson & Co. sued James Swearingen, and procured an attachment to be levied upon, among other lands, a tract of 160 acres which defendant claimed as exempt.
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APPEAL from Sebastian Circuit Court, Greenwood district. John S. Little, Judge. J. M. Robinson & Co. sued James Swearingen, and procured an attachment to be levied upon, among other lands, a tract of 160 acres which defendant claimed as exempt. The attachment was levied on January 4, 1888. On June 26, 1888, all of defendant’s lands were ordered sold under a prior attachment against Swearingen, but the 160 acres in controversy were not offered for sale by the sheriff, because Swearingen claimed to him that it was his homestead. On June 25, 1888, appellants had obtained judgment, with…
1Opinion of the CourtHemingway, J.
1. Abandonment of homestead. i. A debtor entitled to claim a farm aa exempt does not lose the right by a temporary absence for purposes of trade, where there was never an intention to change his residence, but a fixed and unqualified intention to preserve it. The facts that the absence extended over a period of six years, and that the debtor during that period occupied another house owned by him, tend to show a change of residence, but are not conclusive. Euper v. Alkire, 37 Ark., 283; Tumlinson v. Swinney, 22 Ark., 400.
The court having found that there was no abandonment* and there being…
2Cited by18 opinions
- Wilks v. VaughanSupreme Court of Arkansas · 1904
- Stewart v. PritchardSupreme Court of Arkansas · 1911
- City National Bank v. JohnsonSupreme Court of Arkansas · 1936
- Harris v. RaySupreme Court of Arkansas · 1913
- Smith v. Flash TV Sales and Service, Inc.Court of Appeals of Arkansas · 1986
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