Lindsay v. Murphy

Citations

• 76 Va. 428
• 1882 Va. LEXIS 48

Syllabus

<p>1. Homestead—Citizens.—The privilege of homestead is accorded under the-constitution of Virginia only to citizens of this State whilst- they remain such.</p> <p>2. Idem—Domicile.—Change of domicile from this State, puts an end to the-homestead privilege.</p> <p>3. Domicile—Change.—Domicile is “ residence with no present intention of removal.” Mere absence, however long, effects no change of domicile».</p> <p>4. Idem.—Burden of proof of change of domicile is on him alleging it.</p> <p>5. Case at bab.—M long resided in Virginia, where he had a family and homestead. Embarrassed, he left his family here, took some personal property, and went to South Carolina and commenced business there. The family, except one daughter at school, followed- him, because his creditors deprived them of the means of subsistence. The proof is, he went to South Carolina to raise money to pay his debts, without intention to give up his domicile in Virginia. On bill to subject house and lot duly set apart as M’s homestead to the lien of a judgment, on the ground that the exemption had been forfeited by his removal—</p> <p>Held :</p> <p>M not having ceased to be a citizen of this State, did not lose or abandon his homestead exemption.</p>