Biggs v. Roberts

I respectfully dissent from the opinion of the majority insofar as it approves the action of the chancellor in awarding to the appellee homestead rights in the property in suit and denies to the appellant the right of partition.

The facts governing the decision'of the question here presented are not controverted. By deed dated February 16, 1926, Mr. and Mrs. Henry T. Roberts acquired the title to the whole of the middle one-third of Lot 1, Harvey Place, Hinds County, Mississippi. They thereupon became tenants in common of said property, each owning an undivided one-half interest therein. Mr.…