Sneider v. Heidelberger
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. On the 14th day of August, 1866, the appellee sued out an attachment, &o., which was on the same day levied on the homestead of the appellant. On the 20th December, 1867, appellee obtained judgment on said attachment, upon which judgment executions were regularly issued and levied on the same property until March, 1869, when the sheriff advertised the land for sale.
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Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. On the 14th day of August, 1866, the appellee sued out an attachment, &o., which was on the same day levied on the homestead of the appellant. On the 20th December, 1867, appellee obtained judgment on said attachment, upon which judgment executions were regularly issued and levied on the same property until March, 1869, when the sheriff advertised the land for sale. Before the sale, the appellant filed his written affidavit with the sheriff, claiming said property as exempt to him as a homestead under the laws of Alabama;…
1Opinion of the CourtB. F. Saffold, J.
The sheriff asked the circuit court to instruct him whether he ought to sell, under an execution, lands which the debtor claimed to be exempt from levy and sale under any legal process. The inquiry involves the question, whether a lien upon property obtained by attachment is removed by a law passed subsequently exempting the property from sale for the use of families. Is this such a matter as may be determined on motion and notice to the proper parties ? The summary remedies authorized by statute are not applicable. The audita querela, though without well defined limits, seems to be confined…
2Cases cited4 opinions
- Lamar v. GunterSupreme Court of Alabama · 1864
- Watson v. SimpsonSupreme Court of Alabama · 1843
- Hale v. CummingsSupreme Court of Alabama · 1842
- Powell v. Boon & BoothSupreme Court of Alabama · 1869
3Cited by2 opinions
- Paine v. WoolleyCourt of Appeals of Kentucky · 1882
- Watkins v. GlennSupreme Court of Kansas · 1895