Bennett v. Dempsey

Citations

• 94 Miss. 406
• 48 So. 901

Syllabus

<p>1. Homestead. Abandonment. Conditional intent to return.</p> <p>Where a debtor ceased to reside upon his homestead and acquired a new one, he cannot' claim the abandoned premises as 'exempt from execution, although he has not paid for the new one and constantly intended and still intends to return to the old in case he shall be unable to pay for the new.</p> <p>2. Same. Mortgage.</p> <p>A mortgage on his nomestead, diminishing the value of the mortgagor’s interest in the property, does not enlarge the area or value of the land which he may claim as exempt.</p> <p>3. Same. Same. Disposal. Code l906, § 2158.</p> <p>The giving of a mortgage on a homestead is not a disposal thereof, within Code 1906, § 2158, providing that where an owner disposes of exempt property it shall not thereby become liable to his debts.</p>