Biglane v. Rawles

I cannot bring myself to agree with the majority opinion rendered in this case because I am apprehensive that it will work a mischief and tend to encourage the circumvention of our homestead laws. Moreover, I am of the opinion that this case will establish a new rule of estoppel, grounded upon an unintended construction of the case of Rutherford v. Jamieson, 65 Miss. 219, 3 So. 412. The opinion in that case was written in 1888 and was based upon the Code of 1880. The law at that time applicable to that case was as follows:

Sec. 1248. “Every citizen of this state, male or female, being a…