72 Miss. 187 | Miss. | 1894
delivered the opinion of the court.
The plaintiffs in this action claim title to the land demanded by virtue of a purchase at execution sale under a judgment against the appellee. The defense is that the laird was exempt by law from sale under execution as a homestead. By our law it is declared that ' ' every citizen of this state, male or female, being a householder, and having a family, shall be entitled to hold as exempt from seizure or sale, under execution or attachment, the land and buildings owned and occupied as a residence by him or her; but the quantity of land shall not exceed one hundred and sixty acres, nor the value thereof, inclusive of improvements, save as hereinafter provided, the sum of two thousand dollars.” Code 1892, § 1970. It is admitted by appellants that the quantity and value of the land is within the limits allowed by law, the single question of contention being whether the appellee, on the facts shown in evidence, is a '‘householder having a family” within the meaning of the law.
The appellee is an aged widower having two adult children, Mrs. Garrett, a married lady, who resides with her husband in the house occupied by the appellee as a residence during the life of his wife, and J. N. Sample, a married son. Up to within a short time of the execution sale, the appellee resided with his daughter, but at that time he had removed to the house occupied by his son, which house had been built by the son many years ago, and has been ever since occupied by him as a residence. The title of the land was in. the appellee, and his contention is that this house is now owned and occupied by him
We think, on the undisputed facts, the appellee is not a “householder having a family” within our exemption law, and that the verdict should have been for the plaintiffs.
In Hill v. Franklin, 54 Miss., 632, it was held that a childless widower was hot entitled to an exemption, but that by the death of the wife the exemption was lost. In that case an informally adopted daughter, with her husband, had returned to the residence of the defendant soon after the death of his wife, and was there living, it was claimed, as a member of his family. It was, however, held that the defendant was under no obligation to support the quasi ‘adopted daughter, and therefore no exemption existed.
We are not disposed to limit the purpose and scope of the. statute so as to hold that no one can be held to be the head of a family unless there be those to whom he owes a legal duty to support and provide for. We are not forgetful of the number of decisions in which it has been held that the ‘ ‘ obligation of nature, ’ ’ when recognized and followed, may constitute a family, though the relationship of those dependent upon the one who provides is not of the class which imposes a legal duty to maintain. But we do not think it can be said that an old man of seventy-two years is under any duty, legal or moral, to support an adult son and his family whose health and faculties are un
Judgment reversed.