Colbert v. Henley
Mississippi Supreme Court
Appeal from the Chancery Court of Harrison County. HoN. SylvaNus EvaNS, Chancellor. The case is stated in the opinion of the court. We would refer the court to Baldwin v. Tillery, 62 Miss. 378. The opinion in this case is decisive of the one at bar. There the debtor had a storehouse in one corner of his residence lot, and cut off from it by a fence.
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Appeal from the Chancery Court of Harrison County. HoN. SylvaNus EvaNS, Chancellor. The case is stated in the opinion of the court. We would refer the court to Baldwin v. Tillery, 62 Miss. 378. The opinion in this case is decisive of the one at bar. There the debtor had a storehouse in one corner of his residence lot, and cut off from it by a fence. At most, the court below could only have ordered a sale of the whole property, to be good only for any excess it might bring at the sale over two thousand dollars. It is plain, however, in this case, that the Chancellor really could not do this,…
1Opinion of the Court
Cooper, C. J,,
delivered the opinion of the court.
The appellant is the owner of a lot in the town of Biloxi, upon which are situated two houses. In one of these she usually resides with her family, but at other times, when summer visitors resort to the town, she rents out her residence and sojourns temporarily with her family in the other. There is, or was until a few days after the levy of the execution of plaintiff upon a part of the lot, a fence dividing the lot into two. Appellant is the head of a household, and the lot is claimed by her as her homestead exemption. The appellee, having…
2Cases cited1 opinion
- Baldwin v. TilleryMississippi Supreme Court · 1884
3Cited by3 opinions
- Adams v. AdamsSupreme Court of Missouri · 1904
- Malvezzi v. GullyMississippi Supreme Court · 1940
- Reynolds v. WilkinsonMississippi Supreme Court · 1919