Rhyne v. Guevara

Citations

• 67 Miss. 139

Syllabus

<p>1. Homestead Exemption. Execution sale. Allotment. Code 1880, § 1251.</p> <p>If a homestead in a town exceeds two thousand dollars in value, the sheriff, under execution, cannot select and sell part of it, hut must summon freeholders to set apart the exemption as directed by the statute.</p> <p>2. Same. Land not used as part of homestead.</p> <p>A debtor residing in a town on a place exceeding in value two thousand dollars, who owns another lot just across a street upon which is situated his orchard, vineyard and servant’s house, but which has been rented out for two years to a person not his servant, cannot claim such lot as part of his homestead, and the sheriff may levy upon and sell it under execution.</p> <p>3. Landlord and Tenant. Title subsequently vested in another. Attornment.</p> <p>A tenant cannot dispute that the landlord’s title was good when he entered; yet he may show that it afterwards vested in another, and his attornment to such other is good.</p>