Legal Opinion

Peeler v. Peeler

Mississippi Supreme Court

Decided October 15, 1890PublishedCited by 12 opinions

From the chancery court of Warren county. HoN. Laucii McLauriN, Chancellor. The facts are fully stated in the opinion. The only question in the case is who shall have the homestead, the widow or the children ? This depends upon a construction of § 1277, code 1880. The homestead is an estate created by statute.

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From the chancery court of Warren county. HoN. Laucii McLauriN, Chancellor. The facts are fully stated in the opinion. The only question in the case is who shall have the homestead, the widow or the children ? This depends upon a construction of § 1277, code 1880. The homestead is an estate created by statute. An examination of all the statutes beginning with Hutchinson’s code down to the code of 1880 will show that the tendency of legislation has been uniformly towards making the homestead descend as other property, and vesting in the same persons who would inherit the rest of the property…

1Opinion of the Court

"Woods, C. J.,

delivered the opinion of the court.

Richmond Peeler died seised and possessed of a homestead and valuable plantation in Warren county. He had been twice married. By his first marriage he had one son, who died during the lifetime of the father. This son left surviving him four children, the appellants herein. By the second marriage he had no children, and the second wife is the appellee. Richmond Peeler and the second wife were living in the homestead on the plantation at the date of his death. His surviving widow, the appellee, was the owner, at the time of her husband’s death,…

2Cited by12 opinions

  1. Roberts v. Miss. Rep. Party State Exec. Comm.Mississippi Supreme Court · 1985
  2. Forlaw v. Augusta Naval Stores Co.Supreme Court of Georgia · 1905
  3. Chattanooga Sewer Pipe Works v. DumlerMississippi Supreme Court · 1929
  4. Lowrey v. Le FloreSupreme Court of Oklahoma · 1915
  5. Bridgforth v. GrayMississippi Supreme Court · 1969

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