Morscheimer v. Wood
Supreme Court of Alabama
Appeal from Chancery Court, Jefferson County; A. I-I. Benners, Chancellor. Execution for costs by Henry Morscheimer, as Register in Chancery, against Eli Wood and Caroline Wood. From the judgment, the Register appeals.
1Opinion of the CourtSomerville, J.
The appellee, Wood, prosecuted a suit in chancery for the sale of certain land for division, and failed therein for want of title. Morscheimer, the register in chancery, issued an execution for the costs therein taxed against Wood. Against that process Wood interposed a claim of homestead exemption.
On the issue made up between the register and the defendant in execution,, it was held that defendant’s homestead was exempt against the execution for costs in the chancery suit.
Appellant’s contention is that the costs do not constitute a demand ex contractu, and hence are not subject to the claim…
2Cases cited4 opinions
- Ginn v. HardySupreme Court of Alabama · 1900
- Northern v. HannersSupreme Court of Alabama · 1898
- Stuckey v. McKibbonSupreme Court of Alabama · 1890
- Clingman v. KempSupreme Court of Alabama · 1876
3Cited by2 opinions
- Erlenbach v. CoxSupreme Court of Alabama · 1921
- Crabtree v. KirbySupreme Court of Alabama · 1932