Legal Opinion

Mason v. Dierks Lumber & Coal Co.

Supreme Court of Arkansas

Decided February 14, 1910PublishedCited by 11 opinions

Appeal from Howard Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. This is an action by Mrs. Z. F. Mason, wife of the late George E. Mason, and the heirs at law of the said George E. Mason, to set- aside a deed which George E. Mason executed to the appellee, the Dierks Lumber & Coal Company, to the land in controversy, upon the ground that said land at the time of the execution of said deed was the homestead of the said George E. Mason, and his wife did…

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Appeal from Howard Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. This is an action by Mrs. Z. F. Mason, wife of the late George E. Mason, and the heirs at law of the said George E. Mason, to set- aside a deed which George E. Mason executed to the appellee, the Dierks Lumber & Coal Company, to the land in controversy, upon the ground that said land at the time of the execution of said deed was the homestead of the said George E. Mason, and his wife did not join him in the execution of said deed. There was a prayer also to have appellant enjoined from cutting and removing…

1Opinion of the Court

Wood, J.,

(after stating the facts). The uncontroverted evidence establishes the following facts: That Mason entered the land in controversy as his homestead, acquired title to it under the homstead laws, that he impressed it with the character of a homestead by residing on it as his home, that it was his homestead at the time it was sold, and that his wife, Mrs. Z. F. Mason, did not join him in the execution of the deed; that before the deed was executed Mason represented that he was an unmarried man to the agent who negotiated the sale for appellee, and who asked Mason before the deed was…

2Cases cited8 opinions

  1. Pipkin v. WilliamsSupreme Court of Arkansas · 1893
  2. Jowers v. PhelpsSupreme Court of Arkansas · 1878
  3. Schwarz v. National BankTexas Supreme Court · 1887
  4. Farmers' Building & Loan Ass'n v. JonesSupreme Court of Arkansas · 1900
  5. Conner v. AbbottSupreme Court of Arkansas · 1880

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Hardie v. Estate of DavisSupreme Court of Arkansas · 1993
  2. Johnson v. Commonwealth Bldg. Loan AssociationSupreme Court of Arkansas · 1930
  3. Vaughn v. DossettSupreme Court of Arkansas · 1951
  4. McKenzie v. RumphSupreme Court of Arkansas · 1926
  5. Bozich v. First State BankSupreme Court of Minnesota · 1921

6 more not listed; retrieve them via the Exa API.

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