Miller v. Finegan

Raney, C. J.:

The first question to be disposed of in this case is whether Joseph Finegan, the intestate, was at Jhe Jimq of his death, ISfoverpbey 3, 1885, the “heqd of a *31family residing in this State,” within the meaning of the first section of the ninth article of the Constitution of 1868. That he and his wife were at the time occupying the land as a home, is not denied, and that husband and wife, living together, constitute a family within the spirit and intent of homestead legislation, whether it be in the form of organic or of more mutable law, is a sound and recognized proposition.…