Fuller v. American Supply Co.
Supreme Court of Alabama
Tbe American Supply Company had judgment against J. H. Fuller and bad execution thereon levied upon a bouse and lot as tbe property of such Fuller. Fuller interposed claim of homestead exemption which was contested, and from a judgment sustaining tbe contest Fuller appeals. Under tbe following authorities it must be held that tbe court was in error in directing a verdict in favor of tbe contestant.
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Tbe American Supply Company had judgment against J. H. Fuller and bad execution thereon levied upon a bouse and lot as tbe property of such Fuller. Fuller interposed claim of homestead exemption which was contested, and from a judgment sustaining tbe contest Fuller appeals. Under tbe following authorities it must be held that tbe court was in error in directing a verdict in favor of tbe contestant. Dicus v. Hall, 83 Ala. 159; Hodges v. Winston, 95 Ala. 514; Wmston v. Hodges, 102 Ala. 170; Inzor v. Hurt, 76 Ala. 595; Bates v. Hart, 124 Ala. 447. Tbe following cases demonstrate tbe correctness…
1Opinion of the CourtSayre, J.
There is but one question of any consequence in this case, and that is whether under tbe evidence admitted by thé court and that offered by tbe appellant, but rejected in tbe court below, tbe court could properly say as matter of law that appellant was not entitled to a homestead exemption as against appellee’s execution.
*514Appellant, defendant in execution, had a dwelling upon the land in question, a parcel slightly in excess of one acre in area, where he lived with his family prior to the year 1911. In the spring of 1911 he removed his family to a dwelling house — some 150 yards away— owned by…
2Cases cited26 opinions
- United States v. FreemanSupreme Court of the United States · 1845
- Landford v. DunklinSupreme Court of Alabama · 1882
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Tyler v. JewettSupreme Court of Alabama · 1886
- Fuller v. WhitlockSupreme Court of Alabama · 1892
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3Cited by20 opinions
- Miles v. MilesSupreme Court of Alabama · 1924
- Kerns v. WardenSupreme Court of Oklahoma · 1923
- Griffin v. AyersSupreme Court of Alabama · 1936
- Barber v. BeckettSupreme Court of Alabama · 1949
- Moseley v. NevilleSupreme Court of Alabama · 1930
15 more not listed; retrieve them via the Exa API.