Meredith v. Holmes
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before Hon. H. D. Clayton. The appellant in this ease, ~W. E. Meredith, obtained a judgment in the Circuit Court of Pike, on the 11th day of April, 1878, against John Holmes and others, for $350 damages, besides costs.
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Appeal from the Circuit Court of Pike. Tried before Hon. H. D. Clayton. The appellant in this ease, ~W. E. Meredith, obtained a judgment in the Circuit Court of Pike, on the 11th day of April, 1878, against John Holmes and others, for $350 damages, besides costs. An alias execution, issued on this judgment, was levied by the sheriff, on the 30th January, 1879, on a tract of land containing one hundred and sixty acres, as the property of said John Holmes, and which he claimed as his homestead. The claim of exemption, including said tract of land and certain personal property, was verified by…
1Opinion of the CourtStone, J.
The sole question in this case is, whether the homestead is exempt from execution levy and sale, under a judgment recovered in an action of trespass. The constitution (Art. X, sec. 2) exempts it from “ sale on execution, or any other process from a court, for any debt contracted since,’7 <fcc. The statute (Code of 1876, § 2820) declares it “ exempted from levy and sale under execution, or other process, for the collection of debts contracted after April 23d, 1873.” It will be observed that the language of each of these exemptions is, “ from debts contracted nothing said about liabilities…
2Cases cited4 opinions
- Conroy v. SullivanIllinois Supreme Court · 1867
- Goss v. EberhartSupreme Court of Georgia · 1859
- Schouton v. KilmerNew York Supreme Court · 1853
- Lathrop v. SingerNew York Supreme Court · 1863
3Cited by16 opinions
- Schuessler v. DudleySupreme Court of Alabama · 1886
- Ginn v. HardySupreme Court of Alabama · 1900
- McLaren v. AndersonSupreme Court of Alabama · 1886
- Williams v. BowdenSupreme Court of Alabama · 1881
- McDaniel v. JohnstonSupreme Court of Alabama · 1895
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