Lewis v. White

Citations

• 69 Miss. 352

Syllabus

<p>1. Homestead. Tenant in common. Consent of co-tenants.</p> <p>A debtor may have a homestead exemption in land which he owns in common with others, and, as against creditors, consent of the co-tenants to his occupancy is not essential. MeQratk v. Sinclair, 55 Miss., 89, explained.</p> <p>2. Same. Extent of exemption. Undivided interest.</p> <p>A tenant in common' has no floating claim to exemption in the common property. If this exceeds one hundred aiid sixty acres, he is not entitled to exemption in the whole, upon the idea that his share, if set apart, would he less. No matter what his interest is, he can only claim as exempt the land occupied by him, not to exceed one hundred and sixty acres, of the value not exceeding $2,000, to he allotted just as if he owned the entire interest.</p>