Jackson v. Coleman

Citations

• 115 Miss. 535
• 76 So. 545

Syllabus

<p>1. Homestead. Abandonment. Liberal construction of laws.</p> <p>Homestead laws should he liberally construed for the exemptionist and an abandonment will not exist unless it is clear from the proof that the exemptionist has removed from the homestead' with the intention of not returning.</p> <p>2. Homestead. Abandonment. Statutes.</p> <p>A widower, who, being unable to work on account of rheumatism,, left his farm and leased it for five years in order to support his children from the rent and who tried to regain possession of the farm after he was better, did not abandon his homestead within the meaning of the Code 1906, section 2157, in relation t0‘ exemptions.</p> <p>3. Homestead. Divorce, Alimony. Execution.</p> <p>A homestead where there are dependent children is not ordinarily subject to an execution for alimony, such a case not being among those named in Code 1906, section 2156, wherein the homestead is not exempt, and the court will not add to such exceptions.</p> <p>4. Homestead. Divorce. Alimony. Execution.</p> <p>Where there are dependent children, the homstead is not subject to a demand for alimony unless the pleadings and decree in the divorce proceedings describe and show the necessity for a lien on the homestead.</p>