Legal Opinion

Holland v. Bergan

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 2 opinions

Appeal from the Circuit Court of Lee. Tried before the Hon. Jas. R. Dowdell.

1Opinion of the Court

SOMERYILLE, J.-

The language of the note sued on, so far as it relates to the waiver of exemptions, reads as follows: “I hereby, for myself and family, expressly waive all homestead rights and exemptions, which by the laws, State and Federal, are allowed to me and my family in any of said described property, and all other property, real or personal, which I now own, or may hereafter own or acquire, until this debt is fully paid.” The instrument also contains an additional clause waiving exemption of wages from garnishment.

The court entered judgment declaring the waiver operative *623against all…

2Cases cited2 opinions

  1. Terrell & Vincent v. Hurst, Miller & Co.Supreme Court of Alabama · 1884
  2. Wagnon v. KeenanSupreme Court of Alabama · 1884

3Cited by2 opinions

  1. Smith v. KaufmanSupreme Court of Alabama · 1891
  2. Seay v. PalmerSupreme Court of Alabama · 1890

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