101 Tenn. 601 | Tenn. | 1899
The only question presented for determination upon this record is whether the proceeds of an insurance policy upon exempt property may be subjected to the payment of the debts of the insured.
Complainant, Wright, recovered judgments before a Justice of the Peace against the defendant, C. G.
Again, in White v. Fulghum, 87 Tenn., 282, it appeared that a mortgage was foreclosed in the Chancery Court, at the instance of the mortgagee. In this mortgage the mortgagor and his wife had waived
The direct question now being adjudged has been frequently decided in other States, and it is almost uniformly held that the insurance money arising from exempt property is also exempt. Says Mr. Waples, in his work on Homestead and Exemption, p. 837: “Is the exemption of personal property to be understood as applicable to money paid for insurance after the property has been lost by fire? Take this statute: ‘If the debtor is a resident of this State, and is the head of a family, he may hold exempt from execution . . . books, instruments, .’ A physician’s library and instruments were exempt under this Act, and they were con
Mr. Thompson on Homestead and Exemptions says as follows: <£ Another illustration of this rule is found in the case where a debtor’s house, being his family homestead, burns down, the insurance money is not liable to garnishment. For the same reason, a judgment debtor, being a householder and having a family for which he provides, cannot be compelled to execute to a receiver an assignment of a policy
In Whitesell v. Jones, 39 S. W. R., 405, it was said by the Court of Civil Appeals of Texas: “It is the settled law in this State that money due on an insurance policy on a homestead is not subject to garnishment,” citing Cameron v. Fay, 55 Tex., 58; Chase v. Swain, 88 Tex., 208; 30 S. W. R., 1049.
We cordially assent to' these rulings. “The protection of homes, the security of shelter for widows and orphans, would be greatly imperiled if the money standing in lieu of a family home destroyed by fire could not go to the rebuilding of it for their benefit. The spirit of homestead legislation favors the saving of such money for them, rather than the passing of it to the creditors who had no claim on the exempt property.” Waples on Homestead Exemptions, 610.
Affirmed.