Berry v. Dobson
Mississippi Supreme Court
From the chancery court of Rankin county. HoN. H. C. CoNN, Chancellor., Appeal from decree sustaining demurrer to a bill. The facts alleged by the bill and admitted by the demurrer are as follows:— In August, 1885, appellees, defendants in the court below, recovered a judgment against W. H. Berry and his wife, who then jointly owned and occupied the land in controversy as a homestead.
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From the chancery court of Rankin county. HoN. H. C. CoNN, Chancellor., Appeal from decree sustaining demurrer to a bill. The facts alleged by the bill and admitted by the demurrer are as follows:— In August, 1885, appellees, defendants in the court below, recovered a judgment against W. H. Berry and his wife, who then jointly owned and occupied the land in controversy as a homestead. In November, 1887, the joint owners conveyed the land to D. D. & L. W. Berry, who, however, withheld the deed from record until November, 1888. Afterwards the wife of W. H. Berry died, and in January, 1889, he…
1Opinion of the CourtCampbell, J.
The appellant had no right as to the land derivative from her deceased husband, for he had no interest in the land which was transmissible. He was not owner of any estate in it. He was but tenant at will, and this tenancy terminated at his death. Homestead right is founded on ownership of some assignable interest in the land. It must be “ oivned and occupied.” It may be the lowest kind of estate, but it must be an inten'est in the land. Code, § 1248. 9 Amer. & Eng. Enc. Law, Title, Homestead. The husband had no interest, whatever, in this land, but had conveyed it, and was a mere occupant. It…
2Cited by5 opinions
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