Rogers v. Lackland
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the Hon. John C. Anderson. The appellee, J. T. Lackland, obtained a judgment in a justice of the peace court against the appellant, W. J. Rogers. On this judgment execution was issued and was levied by the constable ujoon the homestead, of Rogers, in default of personal property. The execution was returned to,the justice with the indorsement of the constable, and the papers were then transmitted to the circuit court.
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Appeal from the Circuit Court of Clarke. Tried before the Hon. John C. Anderson. The appellee, J. T. Lackland, obtained a judgment in a justice of the peace court against the appellant, W. J. Rogers. On this judgment execution was issued and was levied by the constable ujoon the homestead, of Rogers, in default of personal property. The execution was returned to,the justice with the indorsement of the constable, and the papers were then transmitted to the circuit court. At a subsequent term of the circuit court, Lackland asked for and obtained an order directing a sale of the lands levied…
1Opinion of the CourtBrickell, C. J.
When this case was before the court at a former term (Lackland v. Rogers, 113 Ala. 529), relying upon and following Sherry v. Brown, 66 Ala. 51, as explained in Toenes v. Moog, 78 Ala. 558, we held, that when there is a levy of execution issuing on a judgment of a justice of the peace, on land forming the homestead, a claim of exemption must be interposed before the order of sale is granted by the circuit court— otherwise, the right of exemption is waived and lost. It is conceded by the counsel for appellant, that unless there is departure from this conclusion, there must be an affirmance of…
2Cases cited3 opinions
- Sherry v. BrownSupreme Court of Alabama · 1880
- Toenes v. MoogSupreme Court of Alabama · 1885
- Lackland v. RogersSupreme Court of Alabama · 1896
3Cited by2 opinions
- Cross v. Bank of EnsleySupreme Court of Alabama · 1921
- Poole v. GriffithSupreme Court of Alabama · 1927