80 Fla. 574 | Fla. | 1920
It appears that P. R. Read owned in DeSoto County, Florida, not exceeding 160 acres of land not within the limits of any incorporated city or town, upon which he lived with his family, consisting’of a wife
The court adjudged that the said country place had been abandoned as the homestead and that a sale of the place under the executions should proceed. An appeal was taken.
The Constitution contains the following provision:
“A homestead to the extent of one hundred and sixty acres of land, or the half of one acre within the limits of any incorporated city or town, owned by the head of a family residing in this State, together with one thou
It does not appear that the judgments against Read were on account of the homestead “for taxes or assessments, or for the payment of obligations contracted for the purchase of said property, or for the erection or repair of improvements on the real estate exempted, or for house, field or other labor performed on the same,” therefore if the homestead rights in the country property had not been abandoned by the absence of the family therefrom under the circumstances above stated, the judgments obtained against Bead while he actually resided in the city created no liens on the property.
The homestead exemption rights were impressed upon the property before the judgments were obtained against the owner who is the head of a family residing in this State; and before an intentional abandonment of the duly acquired homestead rights in the property clearly appears, the owner with his family again occupy the
The homestead exemption rights in the property having-been duly acquired before the judgments were rendered, unless an intentional and actual abandonment, of the exemption rights clearly appear, the property is not subject to liens under the judgments; and when the owner with his family after an absence for business and school purposes again occupy the property, claiming that he has not abandoned his homestead rights therein, a forced sale of the property under executions issued on the judgments is a violation of the organic homestead rights.
The purpose of the homestead law is to secure from forced judicial sale, except in particular instances, the owner’s interest or property right in a stated quantity of real estate occupied by the owner or his family as their home place,.or having occupied it still claim it as their homestead, though they temporarily reside at another place in the State for purposes of business, education, health or family comfort. The Constitution does not expressly require the owner' of a homestead or his family to occupy the home place that may be exempt from forced sale, but the word “homestead” implies occupancy as the home place, though having once in good faith been occupied ■ as the home place, it is not essential that the occupancy should be continuous, provided the intent to return to it as the homestead continues, and the absence therefrom is reasonably shown to be for the temporary benefit of the family. Having once occupied the place as a homestead, the period of absence and the use of the place must be consistent with a bona fide intent to return and with the purpose of the absence, all the relevant cir
Decree reversed.