Gilmore v. Brown
Mississippi Supreme Court
From the cháncery court of Lafayette Oonnty. Non. Isaac T. Blount, Chancellor. Mrs. Gilmore, appellant, was complainant in the court below; Mrs. Brown and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The facts are stated in the opinion of the court.
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From the cháncery court of Lafayette Oonnty. Non. Isaac T. Blount, Chancellor. Mrs. Gilmore, appellant, was complainant in the court below; Mrs. Brown and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The facts are stated in the opinion of the court. Ceasing to reside on homestead renders it liable, unless the removal be temporary, by reason of some casualty or necessity and with the purpose of speedily re-occupying it. Code 1906, § 2157. “Necessity and Casualty” defined. Thompson v. Tillotson, 56 Miss., 36. The…
1Opinion of the CourtCalhoon, J.
This is a controversy as to whether the piece of land claimed as a homestead was or was not a homestead. If it was not, then undoubtedly it was liable in this proceeding to be partited among the heirs of W. B. Brown. Mrs. Gilmore was one of these heirs. She files a bill for partition, and avers that the homestead was in the village of Lafayette Springs, and occupied as such by W. B. Brown when he died. She avers this village property was abandoned by the widow, one of the appellees, Mrs. Sarah E. Brown. Complainant prays alternatively that-, if it be held that the widow is entitled to hold…
2Cases cited7 opinions
- Corey v. Schuster, Hingston & Co.Nebraska Supreme Court · 1895
- Campbell v. AdairMississippi Supreme Court · 1871
- Porter v. ChapmanCalifornia Supreme Court · 1884
- Dennis v. Omaha National BankNebraska Supreme Court · 1886
- Mallard v. First National BankNebraska Supreme Court · 1894
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3Cited by7 opinions
- McHenry v. State ex rel. RencherMississippi Supreme Court · 1919
- Jackson v. ColemanMississippi Supreme Court · 1917
- Breland v. ParkerMississippi Supreme Court · 1928
- Cliett v. First Nat. BankMississippi Supreme Court · 1938
- Holsomback v. SlaughterMississippi Supreme Court · 1937
2 more not listed; retrieve them via the Exa API.