Legal Opinion

Thoms v. Thoms

Mississippi Supreme Court

Decided October 15, 1871PublishedCited by 9 opinions

Appeal from the chancery court of Adams county Walkeb, Chancellor. The facts appear in the opinion of the court. The main question is,.as to the interest of Mrs. Josephine Thoms in and to the house and lot, which, by the decree of the bankrupt court, in the matter of the bankruptcy of Hénry A. Thoms, was conceded to be exempt, under art. 281, p. 529 of Rev. Code, “from seizure or sale under any execution, judgment or decree founded on any contract made or liability incurred”…

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Appeal from the chancery court of Adams county Walkeb, Chancellor. The facts appear in the opinion of the court. The main question is,.as to the interest of Mrs. Josephine Thoms in and to the house and lot, which, by the decree of the bankrupt court, in the matter of the bankruptcy of Hénry A. Thoms, was conceded to be exempt, under art. 281, p. 529 of Rev. Code, “from seizure or sale under any execution, judgment or decree founded on any contract made or liability incurred” by the said Henry A. Thoms, and whether the same could be sold and conveyed by him to his brother Lewis H. Thoms, with…

1Opinion of the Court

SlMBALL, J. :

The record raises the question, mainly, whether the wife has such interest in the homestead (during the life-time of the husband), as that she can appeal to a court of equity for its protection. The bill describes a persistent course of *273ill treatment and oppression by defendant, Henry A. Thoms toward the complainant, his wife; prompted by the wicked motive of compelling her to remove from the house and premises in which she dwelt, which had been exempted and left to her husband, as a homestead, by the bankrupt court. That her husband had confederated with his brother to deprive…

2Cases cited11 opinions

  1. Brewer v. WallTexas Supreme Court · 1859
  2. Green v. MarksIllinois Supreme Court · 1860
  3. Williams v. StarrWisconsin Supreme Court · 1856
  4. Taylor v. BoulwareTexas Supreme Court · 1856
  5. Williams v. SwetlandSupreme Court of Iowa · 1859

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McGuire v. Van PeltSupreme Court of Alabama · 1876
  2. Hileman v. HilemanIndiana Supreme Court · 1882
  3. Howell v. BushMississippi Supreme Court · 1877
  4. Farmers' Building & Loan Ass'n v. JonesSupreme Court of Arkansas · 1900
  5. Partee v. StewartMississippi Supreme Court · 1874

4 more not listed; retrieve them via the Exa API.

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