Holterman v. Poynter

Jones, J., and Stone, C. J.,

dissenting:

The master reported a finding, which the chancellor approved, to the effect that appellants were estopped to claim a homestead because they had directed the sheriff to levy upon and sell the real estate in satisfaction of appellee’s judgment. It was also found that subsequent to the sale appellee had paid two years’ taxes on the premises, together with about $50 in costs which accrued because of the sheriff’s sale.

The majority opinion appears to hold that if a homestead has not been abandoned, or if it has not been waived in strict accordance with the…