John I. Adams & Co. v. Dees
Mississippi Supreme Court
Appeal from the Chancery Court of Jackson County. Hon. Sylvanus Evans, Chancellor. The bill in this cause was filed by John I. Adams & Co. against M. A. Dees and his wife, Annie S. 'Dees. The defendants answered. Evidence was adduced by both sides, and the case was heard on bill, answer, and proofs.
Read the full summary
Appeal from the Chancery Court of Jackson County. Hon. Sylvanus Evans, Chancellor. The bill in this cause was filed by John I. Adams & Co. against M. A. Dees and his wife, Annie S. 'Dees. The defendants answered. Evidence was adduced by both sides, and the case was heard on bill, answer, and proofs. The material facts developed by the pleadings and evidence are these: On the 22d of November, 1881, John I. Adams & Co. recovered a judgment in the Circuit Court of Jackson County against M. A. Dees for eight hundred and forty-one dollars and seven cents, and on the 1st of December, 1881, it was…
1Opinion of the CourtCampbell, C. J.
The exemption of a homestead from execution is by statute, and it exists only in accordance with the statute. There is no statute in this State which exempts from execution the money or credits obtained from a sale of the homestead by the voluntary act of the exemptionist. The only way for him to securely enjoy the protection of the exemption law is to keep what it exempts, or, selling it, as he may, to get for it money, which the sheriff cannot have access to, or another homestead or chattels, which are exempt. If by his voluntary act he converts his homestead into something, no matter what,…
2Cited by2 opinions
- Davis v. LammonsMississippi Supreme Court · 1963
- Airey v. BuchananMississippi Supreme Court · 1886