BUILDERS SUPPLY CO. OF HATTIESBURG v. PINE BELT

No. 51067.

369 So.2d 743 (1979)

BUILDERS SUPPLY COMPANY OF HATTIESBURG et al. v. PINE BELT SAVINGS & LOAN ASSOCIATION et al.

Supreme Court of Mississippi.

April 4, 1979.


Attorney(s) appearing for the Case

Moore, Jones & Moore, H.A. Moore, III, Travis & Travis, J. Kearney Travis, Jr., Hattiesburg, Van C. Temple, Jr., Eubanks, Temple & Hudson, Purvis, for appellants.

Barefield, Riley & Evans, Stone D. Barefield, Hattiesburg, Joseph E. Brown, Jr., Asst. U.S. Atty., Robert E. Hauberg, U.S. Atty., Jackson, Wynette J. Hewett, Washington, D.C., for appellees.

Before SMITH, SUGG and COFER, JJ.


SUGG, Justice, for the Court:

This appeal involves three questions: (1) Was the holder of the second deed of trust entitled to payment of its junior lien out of any surplus arising from a sale under a first deed of trust? (2) Were the homestead exemptionists entitled to an exemption of $15,000 under Miss.Gen.Laws, Ch. 323, Sec. 5 (1970), which increased the exemption from $5,000 to $15,000? (3) Was the United States entitled to apply exempt proceeds to satisfy a federal...

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