Stevens v. Wilbourn
Mississippi Supreme Court
Stevens v. Wilbourn, 88 Miss. 514 (Miss. 1906)
41 So. 66
Ioon, Oali
Stevens v. Wilbourn
Opinion of the Court
delivered the opinion of the court.
We adhere to the decision in Martin v. Martin, 84 Miss., 533 (36 South. Rep., 523), and it carries this case. The chancellor was right in overruling the motion of appellant to dissolve the injunction granted on the cross-bill of appellee on the pleadings and agreed evidence. So much we say on the point of the right of the widow to the undisturbed possession of the homestead.
On the other point made, we say that in towns and villages the homestead is measured by its value, not exceeding, as in this case, $2,000, and is unaffected by territorial extent.
Affirmed and remanded.
Reference
- Full Case Name
- Claudia Stevens v. Ella J. Wilbourn
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Homesteads. Widoio. Bights of. Code 1892, § 1553. Under code 1892, § 1553, so providing, the exempt homestead of a decedent who left a widow is not subject to partition, without her consent, during her widowhood and occupancy or use of the same; and she is entitled to occupy or use it, free of rent, so long as she remains unmarried. 2. Same. Municipalities. Value. Area. In municipalities homesteads are measured by value, unaffected by area.