Campbell v. Adair
Mississippi Supreme Court
Appeal from the probate court of Choctaw county. Tbe opinion of tbe court fully states tbe facts of tbis case. Tbe point in this case, which will dispose not only of tbe appeal, but of tbe controversy, is tbis: whether or not there was an abandonment of tbe homestead by the widow; and tbis point involves a construction of tbe Code, art. 281, p. 529.. . Tbe homestead and other exemption laws are founded in benevolence, and in a public policy averse to the exaction of all a…
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Appeal from the probate court of Choctaw county. Tbe opinion of tbe court fully states tbe facts of tbis case. Tbe point in this case, which will dispose not only of tbe appeal, but of tbe controversy, is tbis: whether or not there was an abandonment of tbe homestead by the widow; and tbis point involves a construction of tbe Code, art. 281, p. 529.. . Tbe homestead and other exemption laws are founded in benevolence, and in a public policy averse to the exaction of all a man possesses. That .policy looks to the consequences which generally result from dispossessing a family of their home,…
1Opinion of the Court
Tarbell, J. :
This case comes to us from a decree of the probate court of Choctaw county. The controlling question arises under the homestead law, .and is one of practical importance.; We have more particularly to consider and determine what constitutes an “abandonment” of the homestead right, after its acquirement and actual occupation by those entitled thereto. The facts are these: On the 10th day of August, 1868, J. L. Campbell filed a petition in the probate court of Choctaw county against Thos. N. Adair, administrator of the estate of F. M. Adair, .deceased, A. F. Adair and Mary Adair,…
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