Mullins v. Baker
Supreme Court of Alabama
Appeal from Chiltou Circuit Court. Heard before Hon. W. W. Pearson. W. I. Mullins had judgment against G. M. Baker, Avith execution thereon, which was levied upon certain lands, with motion for an order of sale of the same. Baker interposed a claim of homestead exemptions thereto, and after a hearing the court directed the jury to find the issues in favor of claimant Baker, and Mullins appeals. Transferred from Court of Appeals under the act creating said court.
1Opinion of the CourtSayre, J.
At the May term, 1914, appellant moved in the circuit court for an order for the sale of defend*595ant’s 40-acre tract of land to satisfy a judgment lie bad recovered before a justice of tbe peace. Code, § 4683. To tbe motion appellee opposed a claim of homestead exemption. On tbe evidence the court instructed tbe jury to find the contested claim of exemption in favor of appellee.
Unquestionably, appellee bad occupied tbe land in controversy as bis homestead prior to 1912. But early in that year be purchased a 20-acre tract one mile away and established bis home there. It does not appear that be…
2Cases cited7 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Jaffrey & Co. v. McGoughSupreme Court of Alabama · 1889
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- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Dicus v. Hall, Hooper & Co.Supreme Court of Alabama · 1887
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