Bolen v. Lilly
Mississippi Supreme Court
From the circuit court of Pontotoc county. Hon. Eugene O. Sykes, Judge. Bolen, the appellant, was plaintiff, and Lilly and others, appellees, were defendants in the court below. From a judgment in defendants’ favor the plaintiff appealed to the supreme court. The action was ejectment. The facts are stated in the opinion of the court. The land in controversy was part of the homestead. Bolen is not precluded from recovering in this suit.
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From the circuit court of Pontotoc county. Hon. Eugene O. Sykes, Judge. Bolen, the appellant, was plaintiff, and Lilly and others, appellees, were defendants in the court below. From a judgment in defendants’ favor the plaintiff appealed to the supreme court. The action was ejectment. The facts are stated in the opinion of the court. The land in controversy was part of the homestead. Bolen is not precluded from recovering in this suit. This question is free from difficulty under the repeated decisions of this court. A deed to the homestead without joinder of the wife is void and operates…
1Opinion of the CourtCalhoon, J.
The court peremptorily instructed the jury to find a verdict for the defendants in the state of case we will now set out: Bolen, on December 23, 1893, being a householder and the head of a family, owned in fee simple one hundred and sixty acres of land, in a body, and of less value than $2,000, and had his home upon it with his family. Besides, he owned an undivided one-half interest in eighty acres adjoining and an undivided *347one-fifth, interest in fifteen acres cornering on it, and a three-year lease of seventy-eight acres adjoining. So he then had, by 'lease, by undivided interests and in…
2Cases cited2 opinions
- State ex rel. Illinois Cent. R. v. Board of Levee Com'rsSupreme Court of Louisiana · 1902
- Wilson v. GrayMississippi Supreme Court · 1882
3Cited by4 opinions
- Ladner v. MoranMississippi Supreme Court · 1941
- Thompson v. DyessMississippi Supreme Court · 1953
- Ramsey v. Countrywide Home Loans, Inc. (In Re Ramsey)United States Bankruptcy Court, N.D. Mississippi · 2009
- Biglane v. RawlesMississippi Supreme Court · 1963