First National Bank of Owatonna v. Wilson

• Decision Date: 29 February 1896
• Parties: FIRST NATIONAL BANK OF OWATONNA v. WILSON
• Court: Arkansas Supreme Court

34 S.W. 544

62 Ark. 140

FIRST NATIONAL BANK OF OWATONNA v. WILSON

Supreme Court of Arkansas

February 29, 1896

Appeal from Monroe Circuit Court, JAMES S. THOMAS, Judge.

STATEMENT BY THE COURT.

This case arose on a motion to quash a supersedeas issued by a circuit clerk to prevent the sale under execution of land claimed by B. F. Wilson as a homestead. The case was submitted and tried by the circuit court on the following agreed statement of facts, to-wit: "The First National Bank of Owatonna recovered judgment in the Monroe circuit court against N. C. Blake, I. G. Terrell, and B. F. Wilson and execution was issued upon said judgment, and levied upon the fractional part of the S.W. 1/4 of the N.E. 1/4 of N.W 1/4, sec. 15, township 3 North, range 2 West, containing eight acres, as the property of B. F. Wilson, one of the defendants. B. F. Wilson owns nine acres in said tract, and the sheriff did not levy upon, and have advertised for sale but eight acres, the land being in the incorporated town of Brinkley. The limits of the corporation of the town of Brinkley were extended on the 13th day of June, 1887, and included this land; but it was not divided into lots and blocks, and has not been divided as yet. On the 11th day of April, 1889, the defendant bought and established his homestead on this land, and has since resided on it, and does now reside on it, is a married man and the head of a family and is not worth over one thousand dollars. He cultivates the land as a farm."

This was all the evidence, and upon these facts the circuit court held that the defendant was entitled to the nine acres of land as a homestead, and denied the motion to quash. From this ruling and judgment an appeal was taken.

Judgment reversed and cause remanded.

OPINION

RIDDICK, J., (after stating the facts.)

The agreed statement of facts shows that the land claimed by Wilson as a homestead is "in the incorporated town of Brinkley." It was thus situated at the time he established his homestead upon it, the limits of the town having been extended so as to include this land a year or two before it was purchased by him. Our constitution provides that "the homestead in any city, town or village * * * * shall consist of not exceeding one acre of land, * * * provided the same shall not exceed in value the sum of two thousand five hundred dollars," etc. Sec. 5, art. 9, Const. 1874. The right of one who establishes his home in...