Meacham v. Edmonson
Mississippi Supreme Court
Appeal from the Chancery Court of De Soto County. Hon. J. C. Gray, Chancellor. 1. This litigation began ten years ago, and has descended from father to sou. In 1868 the land was sold, and Meacham turned out, without any money paid him in lieu of the homestead, as required by law. Code 1857, pp. 529, 530. Meacham waived hone of his homestead rights.
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Appeal from the Chancery Court of De Soto County. Hon. J. C. Gray, Chancellor. 1. This litigation began ten years ago, and has descended from father to sou. In 1868 the land was sold, and Meacham turned out, without any money paid him in lieu of the homestead, as required by law. Code 1857, pp. 529, 530. Meacham waived hone of his homestead rights. That he was entitled to the money out of the fund is clear on principle, Moseley v. Anderson, 40 Miss. 49; and, having been already decided in this case, Edmonson v. Meacham, 50 Miss. 34, is res adjudieata, and cannot now be controverted by the…
1Opinion of the CourtSimeall, C. J.
In 1872, the Chancery Court sustained the claim of H. B. Meacham to $1,500, part of the price obtained by the commissioner at the judicial sale, in lieu of the homestead exemption. The creditors appealed. In June, 1874, this court sustained the right of Meacham, but remanded the cause, to have it ascertained whether the allowance of the $1,500 was in excess of the value of the homestead. Edmonson v. Meacham, 50 Miss. 34. Pending the appeal, and about five or six months before the final adjudication, Meacham, with his family, consisting of a wife and several small children, removed to…
2Cases cited2 opinions
- Edmonson v. MeachamMississippi Supreme Court · 1874
- Whitworth v. LyonsMississippi Supreme Court · 1860
3Cited by2 opinions
- Dogan, Sheriff v. CooleyMississippi Supreme Court · 1939
- Borodofski v. FeldMississippi Supreme Court · 1906