Letchford v. Cary

Citations

• 52 Miss. 791

Syllabus

<p>1. Exemptions op Homestead : Judgment lien. Occupancy of homestead. Tenants in common.</p> <p>Sundry judgments were obtained against Mrs. C., upon which executions were issued, levied on lands, which were sold to satisfy the same. Mrs. 0. was the head of the family, hut did riot reside on the land at the date of the rendition of the judgment, but removed to and occupied the premises before the sheriff sold the land. L. purchased at sheriff’s sale, and sued Mrs. 0. in ejectment, and she claims the homestead exemption. Held, that Mrs. C. having established her residence upon the premises after the recovery of the judgment, but before the sale, being the head of a family and owner of the property, her occupancy completed her right to the homestead exemption. The law gives to the debtor the use of the property for the support of his family, on the condition of occupancy as a residence. The creditor may sell all other property except the parcel of land thus occupied at and before the sale. L. acquired, by his purchase, Mrs. O.’s title to the land embraced in the levy and deed, except the house and 160 acres, as located and defined in the statute, and the parties, as respects each other, are tenants in common.</p>