Woodward v. Till
Circuit Court of the 14th Judicial Circuit of Florida, Bay County
Motion tor perpetual stay of execution as against a certain lot claimed as a homestead, which has been levied on and advertised for sale. In 1866 the defendant purchased a lot in the village of Portsmouth, and resided on it, with his family, until some time in 1867, when the house thereon was destroyed by fire.
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Motion tor perpetual stay of execution as against a certain lot claimed as a homestead, which has been levied on and advertised for sale. In 1866 the defendant purchased a lot in the village of Portsmouth, and resided on it, with his family, until some time in 1867, when the house thereon was destroyed by fire. He has since lived in a rented house, on the opposite side of the street # Not being able to rebuild at once, his lot remained vacant and unoccupied until 1869, when he built another house, constructed for living in with his family, and to have a portion to occupy for a general store.…
1Opinion of the Court
By the Court,
Sutherland, J.
-Ownership and occupancy are - all that is required in such a case to secure a right of homestead, and the defendant acquired such a right in this lot before the fire. 7 Mich., 488. The absence of the defendant from the lot, and want of actual occupancy since the fire, are explained by that accident; and it appearing that no other homestead has been selected, that there has been an intention all along to rebuild on and occupy these premises, and to claim them as a homestead, the temporary interruption of the occupancy caused by the accidental necessity was not in…
2Cases cited4 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Samuel B. v. StoneTexas Supreme Court · 1857
- Dyson v. SheleyMichigan Supreme Court · 1863
- Lansing v. OrcottNew York Supreme Court · 1819