Baldwin v. Tillery
Mississippi Supreme Court
Appeal from the Chancery Court of Amite County. Hon. Laugh McLaurin, Chancellor. The case is stated in the opinion of the court. The statute gives the debtor living in any city, town, or village as a homestead the land and building viewed and occupied as a residence. Code 1880, § 1249. Land and buildings do not become impressed with the legal character of a homestead until actual residence and occupation by a family as a home.
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Appeal from the Chancery Court of Amite County. Hon. Laugh McLaurin, Chancellor. The case is stated in the opinion of the court. The statute gives the debtor living in any city, town, or village as a homestead the land and building viewed and occupied as a residence. Code 1880, § 1249. Land and buildings do not become impressed with the legal character of a homestead until actual residence and occupation by a family as a home. Campbell v. Adair, 45 Miss. 170. This is not a parallel case to that of Acker v. Th'ueland, 56 Miss. 30, in which certain lots or blocks, although separated from the…
1Opinion of the CourtCooper, J.
The appellee is a householder having a family. He is the owner of a lot of land situated in a village, consisting of one acre of land. On this lot is situated his residence with the usual out-buildings, and in one corner of the lot is a storehouse thirty by forty-seven feet in dimensions, in which building his wife prosecutes the business of a merchant. A fence divides the lot on which the store is located from that of the residence. The appellants, having recovered a judgment against the appellee, levied their execution upon so much of the lot as is inclosed by the fence around the store;…
2Cases cited4 opinions
- Phelps v. RooneyWisconsin Supreme Court · 1859
- Samuel B. v. StoneTexas Supreme Court · 1857
- Moore v. WhitisTexas Supreme Court · 1867
- Fairbanks v. IshamWisconsin Supreme Court · 1862
3Cited by2 opinions
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