Thompson, Lampkin & Co. v. Tillotson
Mississippi Supreme Court
Appeal from the Chancery Court of Copiah County. Hon. E. Gr. Peyton, Chancellor. The case is stated in the opinion of the court. 1. Removal to Hinds County, and voting there, is an abandonment of the homestead in Copiah, and negatives an intention speedily to return, required by sect. 2144, Code 1871, to preserve the homestead. 2 Pars, on Con. 579, and foot note (2); Hairston v. Hairston, 27 Miss. 704; Alston v. Newcomer, 41 Miss. 192. ' 2. The domicile of the wife follows…
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Appeal from the Chancery Court of Copiah County. Hon. E. Gr. Peyton, Chancellor. The case is stated in the opinion of the court. 1. Removal to Hinds County, and voting there, is an abandonment of the homestead in Copiah, and negatives an intention speedily to return, required by sect. 2144, Code 1871, to preserve the homestead. 2 Pars, on Con. 579, and foot note (2); Hairston v. Hairston, 27 Miss. 704; Alston v. Newcomer, 41 Miss. 192. ' 2. The domicile of the wife follows that of the husband. Story on Confl. 57, sect. 46. 3. If Tillotson removed with his family to Hinds County with the…
1Opinion of the CourtChalmees, J.
The bill is filed to enjoin the sale under execution of eighty acres of land, upon the ground that it constitutes the homestead of complainant and his family. Jt is not now, and has not been for several years, occupied as a residence by complainant or any member of his family ; but it is claimed that their absence has been “ temporary,” cum animo revertendi, and occasioned by such “ casualty or necessit}*’ ” as does not cause a forfeiture of the exemption. Complainant removed from the place in January, 1875. He had not returned to it, nor, so far as the record indicates, did he propose -to…
2Cases cited1 opinion
- Campbell v. AdairMississippi Supreme Court · 1871
3Cited by6 opinions
- Gilmore v. BrownMississippi Supreme Court · 1908
- Majors v. MajorsMississippi Supreme Court · 1881
- Moore v. BradfordMississippi Supreme Court · 1892
- Collins v. BoundsMississippi Supreme Court · 1903
- Meyer Bros. Drug Co. v. FlyMississippi Supreme Court · 1913
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