Legal Opinion

King v. Sturges

Mississippi Supreme Court

Decided April 15, 1879PublishedCited by 7 opinions

Error to the Circuit Court of Lauderdale County. Hon. J. S. Hamm, Judge. Sturges brought this action of ejectment against King for the recovery of forty acres of land, to which he claimed title by virtue of a deed from the sheriff, based upon a sale under an execution and judgment against King. The defendant pleaded not guilty. The verdict and judgment were for the plaintiff. The other material facts of the case are stated in the opinion of the court.

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Error to the Circuit Court of Lauderdale County. Hon. J. S. Hamm, Judge. Sturges brought this action of ejectment against King for the recovery of forty acres of land, to which he claimed title by virtue of a deed from the sheriff, based upon a sale under an execution and judgment against King. The defendant pleaded not guilty. The verdict and judgment were for the plaintiff. The other material facts of the case are stated in the opinion of the court. Under the liberal spirit of our exemption law, this forty-acre tract of land is exempt to the plaintiff in error. We claim that an estate in…

1Opinion of the CourtChalmers, J.

Plaintiff in error (defendant below) claims that the locus in quo constitutes his exempt homestead.

The tract owned by him consists of forty acres. It is low and sickly. There is no house on it, but he dwells in a house built on high land belonging to the railroad company, immediately adjoining it; and this house is distant from his own line less than three hundred yards. This was the .condition of affairs when he purchased, and his vendor had built the house and so occupied it and the land for several years previous to his purchase. He is a man of family, owns no other land than this, and…

2Cited by7 opinions

  1. Jones v. LamensdorfMississippi Supreme Court · 1936
  2. Tanner v. TannerMississippi Supreme Court · 1916
  3. Horton v. HortonMississippi Supreme Court · 1950
  4. Clark v. EdwardsMississippi Supreme Court · 1937
  5. Hinds v. MorganMississippi Supreme Court · 1897

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