Elmore v. Elmore
Before: Terry
Synopsis
In an action by the wife against the husband, for a divorce, the defendant can not have a portion of the homestead set apart to him, where it is not shown that the property claimed as a homestead has been at any time during the existence of the marriage the residence of the family.
Terry, C. J., delivered the opinion of the Court Burnett, J., concurring.
The report of the referee is fully sustained by the pleadings and evidence contained in the record.
The question as to defendant’s right to have a portion of the homestead set aside for his use, did not arise in the ease, as it is not shown that the property claimed as a homestead had been at any time during the existence of the marriage, the residence of the family.
Judgment affirmed.
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