Coon v. Coon

MAYFIELD, Justice.

I dissent. The basic statutory provision concerning the homestead exemption is found in Code of 1940, Tit. 7, § 625. The exemption is granted both to a living resident of this state and to his surviving widow and minor children.

Although the precise factual situation, in the case at bar, has not been previously presented to this court; prior interpretations of the homestead exemption statute by this court are, in my opinion, determinative of the present question.

It has been repeatedly held by this court that the exemption statute applies only to “debts contracted” and has no…