A. Ellinger & Co. v. Thomas

The opinion of the court was delivered by

Doster, C. J.:

This case presents another phase of the homestead-exemption claim. The defendant in error, M. Thomas, is the owner of a house and lot. It had been occupied by him and his family as a resi*181dence, and, of course, while so occupied, was a homestead and exempt from the demands of creditors. He still occupies it as a residence, but his wife is dead, their children have grown to maturity, have removed from the -homestead, are engaged in vocations for themselves, and are nowise dependent on him, nor is any one else associated with him in the…