Stow v. Lillie
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. H. D. Clayton. This action was brought by Rabun S. Stow against Newell M. Thornton, tenant in possession, to recover the possession of a house and lot in the town of Lawrenceville in said county, containing about two acres, together with damages for its detention; and was commenced on the 8th February, 1878. Mrs, Mary F. Lillie, widow of George Lillie, deceased, was made a party defendant, as the landlord of…
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Appeal from the Circuit Court of Henry. Tried before the Hon. H. D. Clayton. This action was brought by Rabun S. Stow against Newell M. Thornton, tenant in possession, to recover the possession of a house and lot in the town of Lawrenceville in said county, containing about two acres, together with damages for its detention; and was commenced on the 8th February, 1878. Mrs, Mary F. Lillie, widow of George Lillie, deceased, was made a party defendant, as the landlord of tenant in possession ; and she defended under a claim of homestead exemption, while the plaintiff claimed under a sheriff’s…
1Opinion of the CourtManning, J.
We are not able to perceive any material' difference between this case and that of Shulman, Goetter & Weil v. Boyle (59 Ala. 566). The debt, to satisfy which the property in controversy was sold, had its origin in 1873, and was reduced to judgment in 1874. The house and lot of land were leased to a third person for the year 1875, and after-wards, in such a manner that they were not and could not be occupied, during that time, as the homestead of the debtor or his family; and without being such homestead, the property was not exempt from execution. The act of February 9th, 1877, not having…
2Cases cited1 opinion
- Boyle v. ShulmanSupreme Court of Alabama · 1877
3Cited by6 opinions
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Murphy v. Hunt, Miller & Co.Supreme Court of Alabama · 1883
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Scaife v. ArgallSupreme Court of Alabama · 1883
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