Moore v. Bradford
Mississippi Supreme Court
From the circuit court of ITolmes county. Hon. O. II. Campbell, Judge. Ejectment by appellant, Moore, against appellee, Bradford, for a lot of land in tlie town of Goodman. Bradford owned ■and occupied the place as bis homestead. In August, 1888, he left Goodman and went to Greenville, Miss., seeking employment. He obtained a position there, being employed by a railroad company at a monthly salary. His wife was left in charge of the home.
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From the circuit court of ITolmes county. Hon. O. II. Campbell, Judge. Ejectment by appellant, Moore, against appellee, Bradford, for a lot of land in tlie town of Goodman. Bradford owned ■and occupied the place as bis homestead. In August, 1888, he left Goodman and went to Greenville, Miss., seeking employment. He obtained a position there, being employed by a railroad company at a monthly salary. His wife was left in charge of the home. About the first of January, 1889, ■she went to visit him at Greenville, intending only to remain until summer, which was the sickly season at Greenville. In…
1Opinion of the CourtCampbell, C. J.
The first instruction for the defendant is not accurate, as an expression of the law on the subject, because it omits the statutory requirement of the purpose of speedily re-occupying the homestead, and for the further reason that it makes the intent of the party not to abandon the homestead the test of its liability to be taken for debt, without regard to the circumstance of his having ceased to reside on it.
The second instruction for the defendant is subject to the same criticism as to the intent of the person who ceases to reside on his homestead, as to removal and purpose to reoccupy the…
2Cases cited1 opinion
- Thompson, Lampkin & Co. v. TillotsonMississippi Supreme Court · 1878
3Cited by4 opinions
- Patterson ex rel. Patterson v. AdamsMississippi Supreme Court · 1971
- Bank of Hattiesburg v. MollereMississippi Supreme Court · 1918
- Collins v. BoundsMississippi Supreme Court · 1903
- Meyer Bros. Drug Co. v. FlyMississippi Supreme Court · 1913