Steen v. Hamblet
Mississippi Supreme Court
Steen v. Hamblet, 66 Miss. 112 (Miss. 1888)
Campbell
Steen v. Hamblet
Opinion of the Court
delivered the opinion of the court.
Certain things are exempt from seizure under execution. Section 1244 of the code. It matters not by what tenure the articles are held by the defendant, they cannot be taken from him. His right may be merely possessory, and the allowance of exemption may enure to the benefit of some one else, who may wrest the property from him; but they are exempt because the statute so provides, and it does not make exemption depend on the title of the defendant.
Affirmed*
Reference
- Full Case Name
- E. Steen v. T. H. Hamblet
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Exempt Property. Title of exemptionist. To entitle a debtor to claim articles exempt under the statute from execution, it is not necessary for him to show that he has title to the property; the right does not depend upon title, but may be merely possessory. 2. Same. Section 1300, code. Case in judgment. Where personal property subject to exemption, and belonging to a wife, is adjudged to be liable to the debts of the husband, by virtue of § 1300, code 1880, the latter may claim his exemption therein as against his creditors, notwithstanding he has no title and may have asserted title in his wife.