Campbell v. Adair

Citations

• 45 Miss. 170

Syllabus

<p>1. Homestead exemption—how impressed with that character. — The premises do not become impressed with tbe legal character of a homestead until actual residence and occupation by the family as a home; but, after that character has been impressed, temporary absence animo rcvertendi will not constitute an abandonment, so as to forfeit the protection of the exemption law of 1857. Rev. Code, p. 529, art. 281.</p> <p>2. Same—ocoupanct which is required to preserve the exemption right.—Actual, literal, physical, continuous occupation of the homestead by some of the family is not required. Under some circumstances occupancy by a tenant for the benefit of the family is sufficient.</p> <p>3. Same—clear prooe op abandonment requisite to porpeit homestead.—The waiver or forfeiture of the homestead right should be declared only upon clear and decisive proof of an intention totally to relinquish and abandon such premises animo non revertendi.</p> <p>1. Same — locus pcenitentiíe—resumption op possession.—If the intention to abandon the homestead exists, the locus pcenitentice may be availed of, and such intention be changed, and possession be resumed, before intervening rights have attached, and the homestead will be protected.</p> <p>5. Same—case in judgment.—The widow and child continued after the death of the husband and father, in 1865, to reside on the homestead of one hundred and sixty acres, owned and occupied by him, as a residence, at the time of his death, until 1867, when she removed to her father’s, some distance away, renting the premises to a tenant for 1867 and 1868, during which time she remained at her father’s, but returned in 1868, and occupied the premises as a home: Held, that this did not constitute an abandonment of the homestead, so as to make it liable to the husband’s debts.</p>