Baldwin v. Tillery

Citations

• 62 Miss. 378

Syllabus

<p>1. Homestead Exemption. Storehouse and residence on same lot. Case in judgment.</p> <p>D. is the owner of a one-acre town lot upon which is located his dwelling-house with out-buildings; and in one corner thereof and separated from the residence by a fence is a storehouse in which his wife conducts a mercantile business. A judgment creditor of D. had his execution levied upon that part of the lot cut off from the residence and inclosed with the storehouse. The debtor claims that the property levied upon constitutes a part of his homestead. , The creditor contends that it is not “ occupied as a residence,” within the meaning of the statute providing for the exemption of homesteads. Held, that the property not being of greater value than is allowed, the entire lot and appurtenances are exempt as a homestead.</p> <p>2. Same. Urban residence and business buildings. Limit of value.</p> <p>One who owns and resides upon a town lot as his homestead may erect thereon any building or buildings necessary or convenient to his residence or to the business in which he or his family may be engaged, and may hold the entire premises as a homestead exemption if the value thereof be within the limit prescribed by the statute.</p>