Tiser v. McCain
Mississippi Supreme Court
Appeal from the chancery conrt of Sunflower county. HoN. E. N. Thomas, Chancellor. Suit by Joe Tiser and others against John E. McCain and others for partition. From a decree denying partition, complainants appeal. The facts are fully stated in the opinion of the court.
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Appeal from the chancery conrt of Sunflower county. HoN. E. N. Thomas, Chancellor. Suit by Joe Tiser and others against John E. McCain and others for partition. From a decree denying partition, complainants appeal. The facts are fully stated in the opinion of the court. The interest of the widow in the homestead after the death of her husband owning it is an estate, and it is no longer governed by the laws creating and governing homestead exemptions, hut by the statutes of descent and distribution. The homestead, as it existed at the time of the death of the husband owning it, is the…
1Opinion of the CourtEthkidge, J.
C. D. McCain died intestate in Sunflower county, Miss., seised and possessed of one hundred and sixty acres of land which was occupied by him at the time of his death as a homestead. Shortly after his death his widow moved off the premises and into another county where her father lived, and J. E. McCain, one of the defendants who had administered on the estate of C. D. McCain, undertook to lease the premises in question as administrator for a term of .five years. Some time during the year of the death of the deceased the widow' returned to the premises and took up her residence thereon. The…
2Cases cited2 opinions
- Dickerson v. LeslieMississippi Supreme Court · 1909
- Moody v. MoodyMississippi Supreme Court · 1905
3Cited by5 opinions
- Matter of Will of JohnsonMississippi Supreme Court · 1977
- Jackson v. ColemanMississippi Supreme Court · 1917
- Bohn v. BohnMississippi Supreme Court · 1942
- Weight v. ColemanMississippi Supreme Court · 1925
- Bank of Cruger v. HodgeMississippi Supreme Court · 1940