Healy v. Conner
Supreme Court of Arkansas
APPEAL from Carroll Circuit Court. Hon. J. H. Berry Circuit Judge. Having failed to properly schedule the property and obtain a supersedeas, Healy by purchase obtained title. Norris v. Kidd, 28 Ark., 485.' The property was subject to execution by common law and by statute. Freeman on Kx., sec. 175; Gantt’s Dig., sec. 2630. The spirit oiSee. 2626, Gantt’s Dig., is that “the right of pre-emption” of a settler who resides upon or cultivates land shall not be sold.
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APPEAL from Carroll Circuit Court. Hon. J. H. Berry Circuit Judge. Having failed to properly schedule the property and obtain a supersedeas, Healy by purchase obtained title. Norris v. Kidd, 28 Ark., 485.' The property was subject to execution by common law and by statute. Freeman on Kx., sec. 175; Gantt’s Dig., sec. 2630. The spirit oiSee. 2626, Gantt’s Dig., is that “the right of pre-emption” of a settler who resides upon or cultivates land shall not be sold. Appellee had no pre-emption right. If this section was intended to protect the improvements as a homestead then it has been repealed…
1Opinion of the Court
STATEMENT.
English, C. J.
This was an action of ejectment, brought by C. J. Healey, in the Circuit Court of Carroll county, against Al. Grissom and A. W. Conner, for possession of a hotel situated on a lot in the town of Eureka Springs.
The complaint alleges that “the plaintiff is the owner and entitled to the possession of the Grand Central Hotel (now known as the St. Elmo House) in the town of Eureka Springs, Carroll county, which was erected by defendant Conner, on. land which belongs to the Government of the United States, and which is now standing as an improvement on public lands; which…
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