Smith v. Ratcliff
Mississippi Supreme Court
Fjrom the circuit court of Lincoln county. Hon. J. B. Chrisman, Judge. The appellant is a judgment creditor of the defendant, Ratcliff, the judgment being rendered in 1885 for a principal sum of two hundred and sixty-eight dollars.
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Fjrom the circuit court of Lincoln county. Hon. J. B. Chrisman, Judge. The appellant is a judgment creditor of the defendant, Ratcliff, the judgment being rendered in 1885 for a principal sum of two hundred and sixty-eight dollars. In December, 1888, appellant caused the Equitable Insurance Company to be garnished and the company, by agreement of the parties, paid the money it owed Ratcliff, more than appellant’s judgment, to appellee, Cassedy, who in accordance with the agreement answered as a garnishee instead of the insurance company. The answer of Cassedy as garnishee admits the…
1Opinion of the Court
Campbell, J".,
delivered the opinion of the court.
The single question presented by this record is this: Is the money due from an insurance company on the loss of the house, which was a part of the homestead of the insured, exempt from liability to legal process against the homestead exemptionist ?
If <?alled on to declare what should be the law, our answer would be that inasmuch as the house was exempt, the money due because of its destruction should be, to enable the owner to rebuild. This would accord with the policy which secures the homestead against the demands of creditors, for it is…
2Cases cited4 opinions
- Cameron v. FayTexas Supreme Court · 1881
- Houghton v. LeeCalifornia Supreme Court · 1875
- August Bernheim & Co. v. BeerMississippi Supreme Court · 1878
- Cooney v. CooneyNew York Supreme Court · 1873
3Cited by3 opinions
- Ellis v. Pratt CitySupreme Court of Alabama · 1895
- Thompson-Ritchie & Co. v. GravesSupreme Court of Louisiana · 1929
- Trenholm v. KlinkerMississippi Supreme Court · 1914