Lindsay v. Murphy
Supreme Court of Virginia
Appeal from decree of chancery court of Richmond city in suit of John Lindsay against James Murphy to enforce a judgment lien on real estate duly set apart as latter’s homestead, on the ground that the latter had lost or abandoned his homestead privilege in-Virginia by removal therefrom. Decree for defendant. Plaintiff appealed. Opinion states the case.
1Opinion of the Court
Burks, J.,
delivered tlie opinion of the court.
The appellant, Lindsay, brought his bill in the-chancery court of the city of Bichmond to subject to the lien of his judgment real estate which his debtor, the defendant, Murphy, had duly set apart as his homestead under the constitution and laws of this State. Liability is claimed on the .ground, that after the homestead was set apart, the exemption was lost or forfeited by Murphy’s removal to the State of South Carolina.
We have no doubt that such removal, with a change of domicile, to that State, if established by the proofs, put an end to the…
2Cited by20 opinions
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- Shilkret v. HelveringCourt of Appeals for the D.C. Circuit · 1943
- Chandler v. ChandlerSupreme Court of Virginia · 1922
- Cooper's Adm'r v. CommonwealthCourt of Appeals of Virginia · 1917
- Pendleton v. CommonwealthSupreme Court of Virginia · 1909
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