McCaleb v. Burnett
Mississippi Supreme Court
Appeal from the Chancery Court of Claiborne County. Hon. Thos. Y. Berry, Chancellor. The case is stated in the opinion of the court. 1. Under article 281 of the Code of 1857, page 529, the children of Mrs. McCaleb held, absolutely exempt from seizure or sale under any execution, judgment, or decree, the homestead allowed them by law. Her estate having been declared insolvent, her lands were decreed to be sold to pay her debts, subject to the homestead exemption.
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Appeal from the Chancery Court of Claiborne County. Hon. Thos. Y. Berry, Chancellor. The case is stated in the opinion of the court. 1. Under article 281 of the Code of 1857, page 529, the children of Mrs. McCaleb held, absolutely exempt from seizure or sale under any execution, judgment, or decree, the homestead allowed them by law. Her estate having been declared insolvent, her lands were decreed to be sold to pay her debts, subject to the homestead exemption. It became the duty of the executor under this decree, and by virtue of article 282 of the Code of 1857, pages 529, 530, to appoint…
1Opinion of the CourtChalmers, J.
Mrs. Indiana McCaleb, who was a widow and the head of a family, possessed of a large real estate, upon which she resided, died in 1860, leaving a number of minor children. Her estate proving insolvent, the lands were sold in 1867 by decree of the Probate Court, and were purchased by L. N. Baldwin. By the terms of the decree the sale was made “ subject to the homestead exemption for the benefit of the family.” The exemption was not laid off. Baldwin subsequently conveyed the lands to John B. and William C. McCaleb, who jointly held, without division, until the appellee, Burnett, became the…
2Cited by4 opinions
- JONES (WHEELER) v. JonesMississippi Supreme Court · 1964
- Morton v. McCanlessMississippi Supreme Court · 1891
- In re OsborneUnited States Bankruptcy Court, N.D. Mississippi · 1990
- Armor v. LewisSupreme Court of Missouri · 1913