Yadon v. Yadon
| Decision Date | 09 June 1941 |
| Docket Number | 4-6396 |
| Citation | 151 S.W.2d 969,202 Ark. 634 |
| Parties | YADON v. YADON |
| Court | Arkansas Supreme Court |
Appeal from Sebastian Chancery Court, Greenwood District; C. M Wofford, Chancellor; affirmed.
Decree affirmed.
Festus Gilliam and R. S. Wilson, for appellant.
Geo W. Johnson, for appellee.
Appellee, Minnie E. Yadon, was the widow of Jacob C. Yadon, who died in the year 1923 or 1924 leaving said widow and five small children. About the year 1927 or 1928 the widow and children moved from the Greenwood district of Sebastian county to Fort Smith, Arkansas, where they resided as a family, the widow being the head thereof after the death of her husband. So far as this record reflects she did not acquire a home in her own name until August, 1939. At that time she purchased a home for about $ 600 described as lot 3 in block 47 of Bailey's Addition to the city of Fort Smith, Arkansas. At the time of the purchase of the property only one child, Mary Yadon, was living with her. Mary had lived with her from birth and moved with her mother to the property her mother bought in Bailey's Addition and continues to live with her mother in the home. At the time appellee purchased the property she moved her household goods of the value of about $ 119 into the home and she and her daughter have continued to reside therein since the date of the purchase. The house and all of the furniture in it belonged to appellee. She paid all the utility bills and other bills incident to housekeeping and directed the affairs of the home.
On the 20th day of November, 1939, appellant, as an intervener in a partition suit between appellee and others as plaintiffs and Paul C. Yadon, defendant, of certain property in the Greenwood district of Sebastian county, obtained a judgment against appellee in the sum of $ 60 and on the third day of October, 1940, he procured an execution on his judgment against appellee in the sum of $ 67.45 which amount included the judgment, interest and costs and placed same in the hands of the sheriff of Sebastian county, Arkansas, and directed the sheriff to levy on lot 3, block 47 in Bailey's Addition to the city of Fort Smith, Arkansas, in which appellee and her daughter, Mary, had been residing since August, 1939. It seems that the execution was not levied on appellee's household goods and furnishings. After the real estate was levied upon, appellee filed a schedule of exemptions with the clerk of the court out of which the execution was issued in regular form claiming said property as her homestead and procured a supersedeas against the execution.
On November 18, 1940, appellant filed a motion to quash the supersedeas and upon a hearing had on the 12th day of December, 1940, the court overruled the motion to quash the supersedeas from which judgment an appeal has been duly prosecuted to this court.
The testimony reflected by the record was, in substance, to the effect that Mary, who is now residing with appellee, is twenty-five years of age and is the only one of the children still residing with appellee; that she is able to work and does work and contributes what she can out of her earnings toward the maintenance of the home; that she did that prior to and since attaining her majority; that her mother charged her no board and that there was no arrangement or agreement between them for her to pay any board; that the daughter had never married and was living with her mother just as she had done all her life; that the amount contributed by the daughter to the mother was in the nature of a voluntary gift and not as an exaction on the part of the mother for maintaining and supporting her; that the daughter had never managed or controlled the household affairs; that the relation of mother and daughter existed between them just as it had during the daughter's entire life.
Appellant contends for a reversal of the judgment sustaining the supersedeas issued by the clerk against the execution on the ground that Mary, the daughter, had attained her majority...
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