Henderson v. Still
Mississippi Supreme Court
Henderson v. Still, 61 Miss. 391 (Miss. 1883)
Campbell
Henderson v. Still
Opinion of the Court
delivered the opinion of the court.
The appellee lost her right to claim homestead exemption by not asserting it in the chancery suit. Miller v. Sherry, 2 Wall. 237.
Judgment reversed and cause remanded for a new trial.
Reference
- Full Case Name
- T. J. Henderson v. E. H. Still
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Ejectment. Homestead exemption. Waiver. A party entitled to a homestead exemption, and who has failed to assert it in a chancery proceeding in which his rights are fully adjudicated, and the land ordered to be sold in general term, cannot afterward claim the exemption so as to defeat a purchaser claiming under the decree of the chancery .court who has brought ejectment to recover possession of the land.