Mississippi Supreme Court, 1886

Airey v. Buchanan

Airey v. Buchanan
Mississippi Supreme Court · Decided October 15, 1886 · Campbell
64 Miss. 181

Counsel

W. E. Baskin, for the appellants., W. JR. Harper, on the same side., T. J. Buchanan, Jr., for the appellee., T. J. Buchanan also made an oral argument.

Airey v. Buchanan

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

In Adams v. Dees, 62 Miss. 354, the exemptionist had converted his homestead into a garnishable debt due to-himself, and afterward invested that debt, which his judgment-creditor had a right to pursue, in a purchase in the name of his wife, and we held that a court of chancery should aid the creditor to reach the assets of his debtor, and apply them to the- judgment uninfluenced by the fact that the debt arose from a sale of the homestead, since the statute did not exempt the proceeds of a homestead.

In this case the defendant in the judgment did not have a debt due him for a sale of the homestead, and did not have title to the land conveyed in payment for his homestead, but conveyed his homestead for a conveyance of other real estate to his wife. This he had the right to do. The case is plainly distinguishable from that cited.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.