Hood & Johnson v. Sitz & Co.
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Hood & Johnson against Sitz & Company in case for the destruction of a lien upon three bales of cotton. Judgment for defendant and plaintiff appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Hood & Johnson against Sitz & Company in case for the destruction of a lien upon three bales of cotton. Judgment for defendant and plaintiff appeals. The homestead inures jointly to the widow and minor, and the minor is equally interested with his mother in the crop.— Section 4196, et seq., Code 1907. Under the facts in this case, a minor could mortgage his part of the crop for supplies. — Hooper v. Payne, 94 Ala. 228. The defense of infancy is personal. — Riley v. Dillon, 148 Ala. 283. The defendants are not entitled…
1Opinion of the Court
de GRAFFENRIED, J. —
This suit was brought by the appellants to recover of the appellees the value of three bales of cotton.
It appears from the bill of exceptions that Mrs. Jane Bradford is a widow, and, at the time the three bales of cotton were grown, was living with her six minor children on 60 acres of land, which constituted her husband’s homestead. — and evidently all the land he had— at the time of his death, which occurred about eight years previously. It appears that from the time of her .husband’s death up to the institution of this suit the widow remained on the land with her…
2Cases cited5 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Groetter, Weil & Co. v. Norman Bros.Supreme Court of Alabama · 1894
- Hooper v. PayneSupreme Court of Alabama · 1891
- Riley v. DillonSupreme Court of Alabama · 1906
- Murphey v. Farmers Union Warehouse Co.Alabama Court of Appeals · 1912
3Cited by1 opinion
- Hughes & Tidwell Sup. Co. v. BusseyAlabama Court of Appeals · 1915