Philan v. Turner

Anderson, J.,

delivered a dissenting opinion.

The controlling opinion in this case overrules Levis-Zukoski v. McIntyre, 93 Miss. 806, 47 So. 435, 436, although it does not expressly so state. The only difference in the material facts of the two cases is that in the present case the wife left the homestead, and the husband, in whom was the title, remained on it and conveyed it; while in the Zukoski case the husband left the homestead, and the wife, who had the title and remained on it, conveyed it. The evidence of the permanency of the separation was as strong in one case as in the other. The…