Wiseman v. Parker

Citations

• 73 Miss. 378

Syllabus

<p>1. Exempt Property. Homestead. Selection by owner. Widow of ownw. Code 1892, 1 1972.</p> <p>Under § 1972, code 1892, the right to make a selection of a homestead, by statutory declaration, is in the owner of the land, and, when he has died without having exercised such right, his widow, to whom the homestead has descended, as tenant in common with their children, has no such right of selection.</p> <p>2. Same. Homestead. Qua/rter section containing dwelling house. Allotment not confined to same. Code 1892, 1975, 1976.</p> <p>On the allotment of a homestead, under (jg 1975, 1976, code 1892, to consist of “ a tract of land in the form of (1) a square, or (2) a parallelogram, if practicable, and composed, if practicable, of contiguous parcels, and including the dwelling house, and, if practicable, the other principal buildings, and not to exceed one hundred and sixty acres in area nor two thousand dollars in value,” there is no legal requirement confining the allotment to the quarter section on which the dwelling house is situated, although such leg-al subdivision is in the form of a square, and does not exceed one hundred and sixty acres in area nor two thousand dollars in value.</p> <p>3. Same. Allotment. Practicability. Cowi should not make same. Commissioners. Code 1892, $ 1975.</p> <p>The condition of practicability annexed to the preference of one mode of allotment over another, expressed in g 1975, code 1892, regulating the allotment of homesteads in rural lands, has reference to the rights and welfare of both the exemptionist and creditors, and such an allotment should not be made by the court itself, a commission of freeholders or householders, familiar with lands and agriculture, being- better able to make the same with reasonable fairness and accuracy.</p>