56 S.W.2d 432 | Ark. | 1933
Mrs. Jane Greene Wescher owned fifteen shares of the capital stock of the Citizens' Bank Trust Company, of Harrison, Arkansas, which became insolvent and was taken over on September 1, 1931, by the State Bank Commissioner for liquidation. The Commissioner made and levied an assessment of the full amount of the capital stock of said bank against the shareholders thereof. Mrs. Wescher refused to pay the assessment against her stock, amounting to $375, and the Commissioner brought this suit to enforce its payment. As Mrs. Wescher is a nonresident, service was had by attaching her undivided interest in a certain tract of land.
An intervention was filed in this suit by Laura Glass Greene, who alleged the following facts: Frank R. Greene, the husband of the intervener and the father of the defendant, owned and occupied the attached land as his homestead at the time of his death. He was survived by his widow and three children, all of whom have now passed the age of twenty-one years. Intervener, the widow, occupies the property as her homestead, and does not own any other homestead.
No personal service was had on Mrs. Wescher, and she has not entered her appearance.
A demurrer was filed to the intervention by the plaintiff, which the court overruled, and, as no amendment *818 to the complaint was made, it was dismissed, and this appeal is from that judgment.
The question for decision is, whether the interest of the nonresident heir is subject to attachment during the continuance of the homestead right of her mother, there being no minor children to share the homestead right with the widow?
It is apparent, from the facts stated, that the defendant and the other heirs have a vested interest, the enjoyment of which is postponed during the homestead estate of their mother. McCarroll v. Falls,
The third headnote in the case of Scoggin v. Hudgins,
In the case of Winfrey v. People's Savings Bank,
In the instant case the widow occupying the attached property is a party, but she became a party upon her own intervention. No relief was prayed against her, and her homestead right is not questioned, and no judgment rendered against her daughter will divest this right. See, Brandon v. Moore,