Powers v. Sample

Mississippi Supreme Court
Powers v. Sample, 69 Miss. 67 (Miss. 1891)
Campbell

Powers v. Sample

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

The question presented by this case is not whether a husband and wife may each be. allowed a homestead as against creditors, but whether a homestead — that is, land occupied as a residence and which, in quantity and value, does not exceed the limit prescribed by law — partly owned by each spouse is exempt, and we hold that it is. “It is no concern of the creditor to which member of the family the title belongs.” If the title to both tracts of land had been in the husband" or wife singly, the exemption would have been recognized, and it cannot be that the fact that each owned part of the land affects prejudicially their claim to exemption. Partee v. Stewart, 50 Miss., 717; Lowell v. Shannon, 60 Iowa, 713; Crane v. Waggoner, 33 Ind., 83; Orr v. Shraft, 22 Mich., 260; Stout v. Rapp, 17 Neb., 462.

Affirmed.

Reference

Full Case Name
J. D. Powers v. M. S. Sample
Cited By
3 cases
Status
Published
Syllabus
Homestead. Husband and wife. Land owned partly by each. Qode 1880, § 1248. Under code 1880, § 1248, exempting one hundred and sixty acres of land to every citizen, “male or female, being a householder and having a family,” the exemption may consist of two adjoining tracts, one the husband’s and the other the wife’s. The whole, if occupied by them as a homestead, and not exceeding $2,000 in value, will be exempt as against the debts of both.