Hill v. Franklin
Mississippi Supreme Court
Appeal from the Chancery Court of Coahoma County. Hon. Charles Clark, Chancellor. John Franklin files this bill to enjoin the sale of his residence, advertised under an execution emanating from a judgment against him in favor of Hill, Fontain & Co., a firm composed of Napoleon Hill, N. Fontain and others, on the ground that, as the premises have been occupied by him as his homestead for twenty-five years, during which time his wife and one of her children have died, and the…
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Appeal from the Chancery Court of Coahoma County. Hon. Charles Clark, Chancellor. John Franklin files this bill to enjoin the sale of his residence, advertised under an execution emanating from a judgment against him in favor of Hill, Fontain & Co., a firm composed of Napoleon Hill, N. Fontain and others, on the ground that, as the premises have been occupied by him as his homestead for twenty-five years, during which time his wife and one of her children have died, and the remaining child has become of age, and as his informally adopted daughter, with her husband, is now residing with him…
1Opinion of the CourtChalmers, J.
The sole question presented is whether the appellee is entitled to a homestead exemption, and this depends upon whether he has a “ family,” in the sense of § 2135 Code 1871. That clause declares that “ every citizen of this State, male or female, being a householder and having a family,” shall be entitled to the homestead exemption. Do the allegations of the appellee’s bill bring him within the meaning of these words ?■ He is a childless widower, but has residing with him a young married woman and her husband, the former of whom had been reared by him as an informally adopted daughter. In…
2Cases cited7 opinions
- Wood v. WheelerTexas Supreme Court · 1851
- Revalk v. KraemerCalifornia Supreme Court · 1857
- Taylor v. BoulwareTexas Supreme Court · 1856
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- Calhoun v. McLendonSupreme Court of Georgia · 1871
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3Cited by14 opinions
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