Homestead
Defined in 6 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893), Black's (1891), Stimson (1881)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The house and land constituting a family residence. 6 N. D. 482. "'Stethe or sted,' says Lord Coke, 'betokeneth properly a bank of a river, and many times a place.' Co. Litt. 4, 6. The homestead, according to that definition, means the home place, the place where the house is, and such is its legal acceptation at the present day. It is the home, the house, and the adjoining land, where the head of the family dwells; the home farm." 36 N. H. 158. The principal importance of the term is in respect to the exemption of the homestead from execution, and the nature and extent of such exemption is regulated in each state by the statutes allowing the same. As a general rule, to constitute a homestead within the exemption laws the property must be actually occupied. (11 Allen [Mass.] 37; 51 Mich. 541; 23 Minn. 435) as a residence (27 Ill. 393) by the head of a family (10 Allen [Mass.] 425; 159 Ill. 148) who has a present possessory interest in the property (170 Ill. 115; 74 Iowa, 683), with the intention of making such property a homestead (6 Cal. 234; 53 Vt. 554).
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
The home place; the place where the home in. It is the home, the house and the adjoining land, where the head of the family dwells; the home farm. The fixed residence of the head of a family, with the land and buildings surrounding the main honse. See Oliver v. Snowden, 18 Fla. 825, 43 Am. Kep. 338; In re Allen (Cal.) 16 Pac. 319; McKeough v. McKeough, 69 Vt. 34, 37 Atl. 275; Hoitt v. Webb, 36 N. H. 158; Frazer v. Weld, 177 Mass. 513, 59 N. E. 118; Lyon v. Hardin, 129 Ala. 643, 29 South. 777; Norris v. Kidd, 28 Ark. 493. Technically, however, and under the modem homestead laws, a homestead is an artificial estate in land, devised to protect the possession and enjoyment of the owner against the claims of his creditors, by withdrawing the property from execution and forced sale, so long as the land is occupied as a home. Buckingham v. Buckingham, 81 Mich. 89, 45 N. W. 504; Campbell v. Moran, 71 Neb. 615, 99 N. W. 499; Iken v. Olenick, 42 Tex. 198; Jones v. Britton, 102 N. C. 166, 9 S. E. 554, 4 L. B. A. 178; Thomas v. Fulford, 117 N. C. 667, 23 S. E 635; Ellinger v. Thomas, 64 Kan. 180, 67 Pac. 529; Gal-ligher v. Smiley, 28 Neb. 189, 44 N. W. 187, 26 Am. St. Rep. 319.
— Business homestead. In Texas, a place or property (distinct from the home of a family) used and occupied by the head of a family as a place to exercise his calling or business, which is exempt by law. Alexander v. Lovitt (Tex. Civ. App.) 56 S. W. 686; Ford v. Fosgard (Tex. Civ. App.) 25 S. W. 448. A curious misnomer, the word "homestead" in this phrase having lost entirely its original meaning, and being retained apparently only for the sake of its remote and derivative association with the idea of an exemption.
— Homestead corporations. Corporations organized for the purpose of acquiring lands in large tracts, paying off incumbrances thereon, improving and subdividing them into homestead lots or parcels, and distributing them among the shareholders, and for the accumulation of a fund for such purposes. Civ. Code Cal. § 557.
— Homestead entry. See Entry.
— Homestead exemption laws. Laws passed in most of the states allowing a householder or head of a family to designate a house and land as his homestead, and exempting the same homestead from execution for his general debts.
— Probate homestead. A homestead set apart by-the court for the use of a surviving husband or wife and the minor children out of the common property, or out of the real estate belonging to the deceased. In re Noah's Estate, 73 Cal. 590, 15 Pac. 290, 2 Am. St Rep. 834.
— Urban bomestea,d. The residence or dwelling place of a family in a city, clnimed or set apart as a homestead, including the principal house and lot, and such lets as are used in connection therewith, contributing to its enjoyment, comfort, and convenience. Ford v. Fosgard (Tex. Civ. App.) 25 S. W. 447; Harris v. Matthews, 36 Tex. 424, 81 S. W. 1204.
A Law Dictionary and Glossary
George C. Kinney · 1893
The place of a home or house; a dwelling-house at which a family resides, with the usual out-buildings and lands appurtenant; a home-stall or home-placa
A Dictionary of Law
Henry Campbell Black · 1891
The home place; the place where the home is. It is the home, the lousa and the adjuining Jand. where the head of the family dwells; the home farm. 386 N. H. 166. The fixed residence of the head ofa family, with the land and buildings surrounding the inain house,
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
Frederic Jesup Stimson · 1881
The place of a and land about it, exempted plough could work; from sixty to a as much land as would support one mansion-house. ' land. mark, excluding the/auces terras. the King or State. Highway: a way open to the public. High Court Court, 20, 26. witnesses.) The attestation clause in began on the 11th and ended on the on either side, reciprocally. husbandry, a domestic. expectation. Hoc loco: in this place. Hoc paratus estverificare per to verify by the record. Hoc per lex scripta: this is indeed hard, but vobis ostendit: this shows to you. Hoc voce: under this word. A domestic servant; a member of his third night or afterwards. grassy ground by water. written entirely by the grantor or teshumble submission, an acknowledgservice that he was the lord's vasto the King. Liege homage: such of tenure, without any reserva-: where a man and his heirs had held and the lord was bound to warranty. renounce homage. pi. homines, I. A man; men. Homines ligii: feudal tenants. home. In America,'a dwelling-house, from execution for debts. per infortunium, per misadventure: accidental homicide, conmiitted while doing a lawful act. Se defendendo: in selfdefence; V. Excusable homicide. In rixa: homicide in a quarrel.