Rhyne v. Guevara

Mississippi Supreme Court October 15, 1889

Rhyne v. Guevara, 67 Miss. 139 (Miss. 1889)

Campbell

Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

It is true that the sheriff may not lawfully seize and sell part of a homestead, and must proceed as directed by the statute in such case, but lot 148 had been so- treated and dealt with by the owner as to justify the conclusion that it was not part of his homestead, but distinct from it.

While Guevara could not dispute that Rhyne’s title, under which he entered as lessee was good, when he entered, he was entitled to show that this title had by operation of law been vested in Noel, and as Noel might have ejected him, he was justified in attorning to him.

Affirmed.

Reference

Full Case Name: D. W. Rhyne v. Blas Guevara
Cited By: 3 cases
Status: Published
Syllabus: 1. Homestead Exemption. Execution sale. Allotment. Code 1880, § 1251. If a homestead in a town exceeds two thousand dollars in value, the sheriff, under execution, cannot select and sell part of it, hut must summon freeholders to set apart the exemption as directed by the statute. 2. Same. Land not used as part of homestead. A debtor residing in a town on a place exceeding in value two thousand dollars, who owns another lot just across a street upon which is situated his orchard, vineyard and servant’s house, but which has been rented out for two years to a person not his servant, cannot claim such lot as part of his homestead, and the sheriff may levy upon and sell it under execution. 3. Landlord and Tenant. Title subsequently vested in another. Attornment. A tenant cannot dispute that the landlord’s title was good when he entered; yet he may show that it afterwards vested in another, and his attornment to such other is good.