Thompson, Lampkin & Co. v. Tillotson

Citations

• 56 Miss. 36

Syllabus

<p>1. Homestead. Abandonment. Husband and wife.</p> <p>Under sect. 2144, Code 1871, if a debtor, who is unable to make a living on his homestead, removes to a better location, in another county, where he registers as a resident and votes, neither he nor his wife can, after two years, when the land is about being sold under a decree against him, enjoin the sale on the ground that the property is exempt, although, on leaving, he rented the land, reserving the right to return and occupy a house thereon if his new location proved unprofitable.</p> <p>2. Same. Code 1871, sect. 2144, construed.</p> <p>' In Code 1871, sect. 2144 (which is more stringent than Code 1857, p. 529, art. 281, construed in Campbell v. Adair, 45 Miss. 170), the word “ casualty ” refers to accident, — as fire, flood, or social or family disaster or misfortune, causing temporary absence; while “necessity” may embrace considerations of health, or travel, or public business, or private business emergency of an exceptional and temporary character. The two words may imply various other events, impossible to enumerate, but do not include an indefinite abandonment for years, induced by the fact that the owner has found elsewhere a location deemed more advantageous.</p>