Legal Opinion

Bank of Harrison v. Gibson

Supreme Court of Arkansas

Decided February 23, 1895PublishedCited by 12 opinions

Appeals from Boone Circuit Court in Chancery. Brice B. Hudgins, Judge. STATEMENT BY THE COURT. The first one of these two suits was instituted in the Boone circuit court in chancery by the appellees, T. M. Gibson and wife, against the appellant, Bank of Harrison, as the assignee of one T. E. Garvin, and as such the holder of a note and mortgage executed and delivered by them to said Garvin.

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Appeals from Boone Circuit Court in Chancery. Brice B. Hudgins, Judge. STATEMENT BY THE COURT. The first one of these two suits was instituted in the Boone circuit court in chancery by the appellees, T. M. Gibson and wife, against the appellant, Bank of Harrison, as the assignee of one T. E. Garvin, and as such the holder of a note and mortgage executed and delivered by them to said Garvin. The history of this suit is briefly as follows, to-wit: One F. M. Garvin, a son of T. E. Garvin, and one Duncan were doing business at the town of Harrison in said county, under the corporate name of the…

1Opinion of the CourtBunn, C. J.

(after stating the facts). First. As to the execution of the mortgage to the Bank of Harrison.

By the provisions of section 1 of an act entitled “An act to render more effectual the constitutional exemption of homesteads,” approved .March 18, 1887, (see acts of 1887, page 90), “no conveyance, mortgage or other instrument affecting the homestead of any married man shall be of any validity, except for taxes, laborers’ and mechanics’ liens and the purchase money, unless the wife joins in the execution of such instrument and acknowledges the same.” By section 1 of an act entitled “An act to cure…

2Cases cited2 opinions

  1. Pipkin v. WilliamsSupreme Court of Arkansas · 1893
  2. Sidway v. LawsonSupreme Court of Arkansas · 1893

3Cited by12 opinions

  1. Davis v. HaleSupreme Court of Arkansas · 1914
  2. Casner v. HoskinsOregon Supreme Court · 1912
  3. Shattuck v. ByfordSupreme Court of Arkansas · 1896
  4. Sawyer v. DicksonSupreme Court of Arkansas · 1898
  5. Carpenter v. Beal-McDonnell & Co.District Court, E.D. Arkansas · 1915

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