EXCHANGE BANK & TRUST CO. v. MATHEWS

No. 79-186.

591 S.W.2d 354 (1979)

The EXCHANGE BANK & TRUST CO., Appellant, v. Dorothy J. MATHEWS et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied January 21, 1980.


Attorney(s) appearing for the Case

Spencer, Spencer & Shepherd, El Dorado, for appellant.

House, Holmes & Jewell by Charles R. Nestrud, Little Rock, for appellees.


HICKMAN, Justice.

In 1973, the appellant bank obtained a $72,000.00 judgment against the appellee, Dorothy Mathews. When Mrs. Mathews' house burned in 1978, the bank attempted to attach her portion of the insurance proceeds and apply them to the judgment debt. The Union County Chancellor held the money was a substitute for her homestead and, therefore, constitutionally exempt from execution by the bank.

On appeal the bank argues the chancellor's ruling was...

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