Legal Opinion

Partee v. Stewart

Mississippi Supreme Court

Decided October 15, 1874PublishedCited by 11 opinions

Appeal from the Chancery Court of Yazoo County. Hon. J. J. Hooker, Chancellor. The bill of appellee was filed in the chancery court of Yazoo county to enjoin appellants from setting up as a defense or plea a homestead exemption, to an action of ejectment brought against them by appellee, in the circuit court of Yazoo county.

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Appeal from the Chancery Court of Yazoo County. Hon. J. J. Hooker, Chancellor. The bill of appellee was filed in the chancery court of Yazoo county to enjoin appellants from setting up as a defense or plea a homestead exemption, to an action of ejectment brought against them by appellee, in the circuit court of Yazoo county. The bill alleges that Stewart, the appellee, recovered a judgment against William B. and Sarah D.' Partee, in the circuit court of Yazoo county, upon which execution issued and levied by the sketiff on three plantations, called No Mistake, Tyrone and Lake Dick. The No…

1Opinion of the CourtSimrall, J.

It is manifest that the appellants, nor either of them had a homestead exemption, on the “No Mistake plantation,” for the proof is uniform and clear that they never had a domicil on that property. In Whitworth v. Lyons, 39 Miss., 467, it was ruled under art. 281, code of 1857, p. 529, that the debtor held the exempt homestead upon the condition of occupancy, and if abandoned, it was subject immediately to seizure and sale by a judgment creditor. The residence of the family was upon the Lake Dick estate, and to that property the exemption attached, if any existed.

*720The claim is resisted upon two…

2Cases cited5 opinions

  1. Bank of Louisiana v. WilliamsMississippi Supreme Court · 1872
  2. Moseley v. AndersonMississippi Supreme Court · 1866
  3. Whitworth v. LyonsMississippi Supreme Court · 1860
  4. Thoms v. ThomsMississippi Supreme Court · 1871
  5. Treadwell v. HerndonMississippi Supreme Court · 1866

3Cited by11 opinions

  1. Richardson v. WoodwardCourt of Appeals for the Fourth Circuit · 1900
  2. Bremseth v. OlsonNorth Dakota Supreme Court · 1907
  3. Stout v. RappNebraska Supreme Court · 1885
  4. In re PaceUnited States Bankruptcy Court, N.D. Mississippi · 2014
  5. Kimbrough v. PowellMississippi Supreme Court · 1926

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