McCaleb v. Burnett

Citations

• 55 Miss. 83

Syllabus

<p>Homestead. Sale subject to, under code of 1857. Rights of purchaser.</p> <p>M., a widow, being tbe head of a family, and owning an extensive tract of land, died in 1860, leaving several minor children. In 1867 her estate was declared insolvent, and her land sold, under a decree of the Probate Court, “subject to the homestead exemption for the benefit of the family.” The exemption was not set apart. In 1877, B., the purchaser of an interest in the land through said sale, filed his bill for a partition of the land, alleging that the youngest child of M. had become of age, and the homestead exemption had ceased, and that he and his co-tenant were owners of an unincumbered fee in the whole of the land. The children of M. resisted the bill, claiming that in the sale of the land the homestead was excluded, and that B. acquired no interest in it by his purchase. Held, that all of the land was sold, and the purchasers became owners in fee of the whole, subject to the rights of the children of M. to possess and occupy the homestead until the youngest became of age, as provided in the Code of 1857, after which the exemption ceased, and the purchasers became entitled to the enjoyment of the whole of the land.</p>