Rhyne v. Guevara
Mississippi Supreme Court
From the circuit court of Holmes county. Hon. C. H. Campbell, Judge. Rhyne, the appellant, being a householder and having a family, was the owner of a tract of land situated partly in the town of Lexington, upon which was situated his residence, stables, a storehouse and other buildings, all within the corporate limits. This land, with the buildings thereon, was worth more than two thousand dollars.
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From the circuit court of Holmes county. Hon. C. H. Campbell, Judge. Rhyne, the appellant, being a householder and having a family, was the owner of a tract of land situated partly in the town of Lexington, upon which was situated his residence, stables, a storehouse and other buildings, all within the corporate limits. This land, with the buildings thereon, was worth more than two thousand dollars. He ’ also owned another lot containing about one acre, number 148, just across a road or street from the residence, upon which was situated his orchard, vineyard, and a house formerly occupied by…
1Opinion of the CourtCampbell, J.
It is true that the sheriff may not lawfully seize and sell part of a homestead, and must proceed as directed by the statute in such case, but lot 148 had been so- treated and dealt with by the owner as to justify the conclusion that it was not part of his homestead, but distinct from it.
While Guevara could not dispute that Rhyne’s title, under which he entered as lessee was good, when he entered, he was entitled to show that this title had by operation of law been vested in Noel, and as Noel might have ejected him, he was justified in attorning to him.
Affirmed.
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