Lazar v. Caston

Citations

• 67 Miss. 275

Syllabus

<p>1. Deed. Description. Patent ambiguity.</p> <p>A description of land in a deed or declaration as, “ north part of southwest quarter of lot two,” giving section, township and range, is void for uncertainty.</p> <p>2. Homestead Exemption. Allotment, how made. Necessity for commissioners.</p> <p>The homestead exemption of a defendant in land sold under execution cannot be allotted in an action of ejectment brought by the purchaser. A homestead must be set apart in the first instance in accordance with the statute by commissioners who view the premises, and not by a jury acting on evidence only. See Rhyne v. Guevara, ante, 139.</p> <p>3. Ejectment. Homestead in part of land. Judgment subject thereto.</p> <p>Where plaintiff sues in ejectment for land bought at sale under execution against the defendant, and the latter on the trial admits that he does not own a part of the land, but defends as to the rest by proof that it is part of his homestead, it is error, for which plaintiff may complain, to render a general judgment for plaintiff, subject to the defendant’s homestead right in all the land. This right cannot extend to the part not claimed by the defendant.</p>