Cochran v. Miller
Supreme Court of Alabama
Appeal from the Chancery Court of Marshall. Heard before the Hon. N. S. Graham. The original bill in this case was filed on the 13th September, 1877, by Thomas J. Cochran, Thomas A. Street, and David C. Jordan, against Henry L. Miller, Albert G. Henry, Mrs. Sarah A. Nicldes, and her husband, Richmond Nickles; and sought to foreclose a deed of trust on a tract of land, which said Miller had conveyed to said Cochran, as trustee, for the benefit and indemnity of Street and…
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Appeal from the Chancery Court of Marshall. Heard before the Hon. N. S. Graham. The original bill in this case was filed on the 13th September, 1877, by Thomas J. Cochran, Thomas A. Street, and David C. Jordan, against Henry L. Miller, Albert G. Henry, Mrs. Sarah A. Nicldes, and her husband, Richmond Nickles; and sought to foreclose a deed of trust on a tract of land, which said Miller had conveyed to said Cochran, as trustee, for the benefit and indemnity of Street and Jordan, as sureties for Miller on a supersedeas bond, on an appeal to this court from a judgment recovered against him by…
1Opinion of the CourtStone, J.
— Henry L. Miller’s-liability to Mrs. Nicldes rests on an administration bond, executed in 1859. It follows, that his right to homestead exemption must be governed by the law as it then stood, and not by the constitution of 1868, nor by the statutes enacted afterwards. — Watts v. Burnett, 56 Ala. 340; Blum v. Carter, 63 Ala. 235. As against the claim of Mrs. Nicldes, neither the constitution of 1868, nor any later enactment, can exert any influence.
The homestead exemptions of force in 1859 were expressly reserved for the use of the family. — Kev. Code, § 2880 ; Code of 1876, § 2844. Mr.…
2Cases cited20 opinions
- McCall v. McCurdySupreme Court of Alabama · 1881
- Craft v. RussellSupreme Court of Alabama · 1880
- Blum v. CarterSupreme Court of Alabama · 1879
- Jones v. WilsonSupreme Court of Alabama · 1875
- McLemore v. NuckollsSupreme Court of Alabama · 1861
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3Cited by40 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Godau v. StateSupreme Court of Alabama · 1913
- Ex parte Elyton Land Co.Supreme Court of Alabama · 1893
- Adams v. SayreSupreme Court of Alabama · 1884
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