Lessley v. Phipps

Citations

• 49 Miss. 790

Syllabus

<p>1. ExEMpTioK-n-How Obtained — How Lost, — Code of 1857, article ?81, page 5?.9„ gives the exemption to the “householder having a family,” “the land and buildings owned and occupied as a residence,” provided the quantity shall not exceed one hundred and sixty acres.” It has been held, in exposition of this section, if the occupancy of the land as a residence begins after the rendition of the judgment, and before sale, the exemption inures. Trotter v. Dohbs, 38 Miss., 198, The right continues upon the condition of occupancy as a residence. If the premises are abandoned, the right is gone, and the property is liable to judgment creditors of the debtor. Whitworth v. Lyons, 39 Miss., 467, Nothing more is demanded of the insolvent debtor than that he shall make his home upon the premises. Residence imparts the exemption; its continuance preserves it,</p> <p>2. CONTRACTS — OBLiaATION THEREOF — REMEDY TO ENFORCE, — The obligation of E contract is tho legal duty of performing it according- lo its terms, There can he no legal duty without a remedy or means of enforcing it, for without such remedy, a contract is a mere imperfect obligation, depending for its performance upon the will of him from whom performance is expected. Parties, therefore, who enter into contracts, must be considered as looking to the municipal law for a remedy to enforce it, and this law thus, enters into and forms a part of the obligation.</p> <p>3. Same — Laws Impaibino Qbei&ation Thereof. — Whilst a State, in the exercise of its undoubted power to prescribe forms, actions and modes of procedure, may alter and modify the remedy 'as it existed at the time a contract was made, yet. it is under a duty imposed by that clause of tb,e Federal constitution which prohibits tho States from passing laws impairing the obligation of contracts, if it interfere at all, it must leave in existence a remedy as efficient and substantial as that which subsisted when the contract was made ; for the remedy being necessa