Powers v. Sample

Decided October 15, 1891

Mississippi Supreme Court · decided 1891-10-15

From the circuit coui’t of Holmes county. Hon. C. H. Campbell, Judge. Powers, Eawlins & Co., held a judgment against appellees, John A. Sample and his wife, M. S. Sample. Execution thereon was issued and levied upon eighty acres of land owned by M. S. Sample, and' it was sold and bought in by the appellant, J. D. Powers. The husband, John A. Sample, owned eighty acres of land adjoining, and the house in which he and his family resided was situated thereon.

Cited by 2 later decisions — most recently March 1952

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1891-10-15

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Campbell, C. J.,

¶1delivered the opinion of the court.

¶2The 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.

¶3Affirmed.