Hand v. Winn

Citations

• 52 Miss. 784

Syllabus

<p>1. ¡^Larried Womar: Separate Property. Mortgage thereof. Homestead' exemption.</p> <p>The statute exempts from seizure and sale, under legal process, premises occupied as a residence by the head of a family. No ceremonies are required to mark out the estate and communicate notice to the public. The homestead does not come into existence, with new characteristics, by reason of anything-done by the exemptionist, but the debtor holds the property by such title as he had, whether of freehold or term of years, with the privileges attached to^ it. The homestead is impressed with privileges, which must continue. These conditions are residence upon the premises as a home by the family. Abandonment of the premises destroys the exemption. But it must be without, intention of returning. Temporary removal will not work a forfeiture. A married woman can assert an exemption against her creditors.</p> <p>2. Same : Conveyance by married woman for separate debts of her husband.</p> <p>Both under the Code of 1857 and 1871 a married woman can, by the joint deed of herself and husband, convey her separate real estate; but no conveyance of' the separate property of the wife for the debts of her husband shall be binding on the wife beyond the amount of her income. It is immaterial whether the conveyance be by deed in trust or mortgage ; in either case the cestui que ti~ust, or mortgagee, must work out the benefit of his security in a court of' equity. Where a married woman executes a trust deed on her property for-the separate debts of her husband, it is error to order the cancellation of the deed; the decree should place the property conveyed in the hands of a. receiver, so that out of the income the debt may be paid.</p>