Legal Opinion

Davis v. Lammons

Mississippi Supreme Court

Decided April 15, 1963No. 42630PublishedCited by 7 opinions

1Opinion of the CourtEthbidgb, J.

(Hn D This case involves a claim by a judgment creditor to proceeds of a voluntary sale of exempt homestead property. We hold that under the Mississippi statutes such proceeds are exempt from the garnishment.

For several years prior to 1961, Emmett Lammons and wife owned and occupied as a homestead a house and lot in the City of Jackson. In August, 1961 Henry M. Davis, the appellant, obtained a judgment in the circuit court against Mrs. Lammons in the amount of $1,750, in a tort case involving an automobile accident. In November, 1961 James Parkin obtained a judgment of $1,200 against Mrs.…

2Cases cited5 opinions

  1. Howell v. General Contract Corp.Mississippi Supreme Court · 1957
  2. De Bardeleben Coal Corp. v. ParkerMississippi Supreme Court · 1932
  3. Neill v. WellsMississippi Supreme Court · 1933
  4. Bank of Myrtle v. GarrisonMississippi Supreme Court · 1938
  5. John I. Adams & Co. v. DeesMississippi Supreme Court · 1884

3Cited by7 opinions

  1. Hall v. Panola County BankMississippi Supreme Court · 1982
  2. Williamson v. WilliamsonCourt of Appeals for the Fifth Circuit · 1988
  3. McMillan v. AruCourt of Appeals of Mississippi · 2000
  4. Patterson ex rel. Patterson v. AdamsMississippi Supreme Court · 1971
  5. Stinson v. Williamson (In re Williamson)Court of Appeals for the Fifth Circuit · 1988

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