The exemption can be claimed by the husband, wife, or other head of the family, by a written declaration duly acknowledged and recorded in the manner prescribed for conveyances; and the homestead can then be mortgaged or alienated by a husband only with the wife's consent, if the wife is at the time a resident of the state.
Some had mortgaged their houses, fields and vineyards to buy corn; others had borrowed to pay the taxes, and had sold their children to their richer brethren to repay the debt.
In general, the small cotton farmer was at the mercy of the commission merchant, to whom he mortgaged his crops in advance; but this evil has lessened, and in some districts the system of advancing is either nonexistent or very slightly developed.
Emiriye cannot be mortgaged, but can be given as security for debt on condition that it be restored when the debt has been repaid.
In case the owner is married the homestead cannot be sold or mortgaged, except for an unpaid portion of the purchase money, without the joinder of husband and wife, and if the owner dies leaving a spouse or minor children, the homestead with its exemptions descends to the surviving member or members of the family.
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