Euper v. Alkire & Co.
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court in Chancery. Hon. J. H. Rogers, Circuit Judge. STATEMENT. Euper filed in the Circuit Court, at Fort Smith, his complaint, in equitjr, against the appellees, alleging, in substance, that he was a citizen of Arkansas, and a married man, and the owner in fee of a certain house and lot in Fort Smith, called the Euper House, which he and his family had occupied as a homestead for sixteen years, keeping a hotel — but from the infirmities of old…
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APPEAL from Sebastian Circuit Court in Chancery. Hon. J. H. Rogers, Circuit Judge. STATEMENT. Euper filed in the Circuit Court, at Fort Smith, his complaint, in equitjr, against the appellees, alleging, in substance, that he was a citizen of Arkansas, and a married man, and the owner in fee of a certain house and lot in Fort Smith, called the Euper House, which he and his family had occupied as a homestead for sixteen years, keeping a hotel — but from the infirmities of old age and the want of means to carry on the hotel, had leased it for two years and rented a, small house near- by, for the…
1Opinion of the Court
OPINION.
Harrison, J.
1. homeSTEAD: Temp i'&i? y i* ©- m o v a i from, no When a homestead right has once ' ° o-attached, a continuous actual occupation is not indispensable for its preservation. It is well settled by the authorix •* that a removal from the homestead for a temporary purpose, or with the attention of returning and again occupying it, is not such an abandonment as will forfeit the homestead right.
In the case of Wiggins v. Chance, 54 Ill., 175, where the owner rented out the premises for three years, and removed with his family from them, in the fall of the year, to a town in the…
2Cases cited8 opinions
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Shepherd v. CassidayTexas Supreme Court · 1857
- Moss v. WarnerCalifornia Supreme Court · 1858
- Fyffe v. BeersSupreme Court of Iowa · 1864
- McMillan v. WarnerTexas Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Butler v. ButlerSupreme Court of Arkansas · 1928
- Stewart v. PritchardSupreme Court of Arkansas · 1911
- City National Bank v. JohnsonSupreme Court of Arkansas · 1936
- Harris v. RaySupreme Court of Arkansas · 1913
- Monroe v. MonroeSupreme Court of Arkansas · 1971
8 more not listed; retrieve them via the Exa API.