Jetton Lumber Co. v. Hall

Citations

• 67 Fla. 61
• 64 So. 440

Syllabus

<p>1. Organic and statutory provisions relating to the homestead and personal property exemptions should be liberally construed in the interest of the family, but the law should not be so applied as to make it an instrument of fraud or imposition upon creditors.</p> <p>2. Who is the head of a family, within the meaning of Section 1 of Article X of the State Constitution, exempting homesteads and one thousand dollars worth of personal property from forced sale, must be ascertained from the facts of each case. Where the husband has absconded, deserting his wife and leaving her residing in this State with children depending upon her, she may be held to constitute the head of her family, so as to permit her to avail herself of the beneficent provisions of the constitution.</p>