Holden

Mr. Justice Terry concurred.

In Cooke v. McChristian, and Taylor v. Hargous, we attempted to give such a construction to the homestead law of this State as would reconcile some of its imperfections, but with no hope that we would be successful in establishing any rule which could be applied to all its absurdities and contradictions.

It was the earnest desire of this Court that the Legislature would have passed some act relieving these cases from the embarrassment which surrounds them, and establish this class of titles upon a well defined and substantial basis. Neither the wishes of the Courts, or of the Bar have, however, been realized in this respect, and we are left to determine each case upon its individual merits.

The conclusions drawn from the cases already decided are: First, that the homestead is the family residence, and in order to constitute a homestead, there must be an actual occupancy, with the intention of *236 dedicating the premises to such purpose.. Second, that residence is prima facie evidence of such intention, and imparts notice. Third, that when the premises have acquired the character of a homestead by actual occupation, with that intention, the estate…