Acker v. Trueland

Citations

• 56 Miss. 30

Syllabus

<p>1. Homestead. Act of 186S. Debts prior to its passage.</p> <p>The family of a deceased debtor cannot claim a homestead exemption against a debt contracted in 1861, where no member of such family has continued to reside upon the premises, as required by art. 281, p. 529, of the Code of 1857. In such a case, the statute of 1865 upon this subject cannot be applied to obviate the requirement of occupancy, the debt having been created before its passage.</p> <p>2. Same. Under the Code of 1867.</p> <p>Under the Code of 1857, the homestead is a preservation of the family mansion and a certain quantity of land pertaining thereto to the debtor and his family, for a time, as a place of residence, “ some member of the family continuing to reside there.” The policy of the law was that the family should enjoy the property as a home, contributing to their support, until the most helpless member, “the youngest child,” had reached majority; and that thereafter the estate should lose the particular privileges and characteristics imparted to it by the statute. If the debtor, or some member of his family, did not continue to occupy the premises during the time allowed for their preservation as a homestead, the exemption ceased.</p> <p>3. Same. How defined. Reversion subject to sale.</p> <p>The homestead provided for by the Code of 1857 was a particular estate carved out of the fee, certain to terminate, but uncertain as to duration, with a reversion in the heirs of the intestate debtor. And such reversion was subject to sale for the debts of the deceased debtor, even before the termination of the particular estate.</p> <p>4. Same. May consist of parcels of land separated.</p> <p>A homestead in a city or town may include lots or blocks separated from the dwelling-house and other buildings by a public street, where such lots or blocks are used by the family for a garden and orchard.</p>