Land & Rentz v. Boykin
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried before the Hon. John C. Anderson. ■ The proceedings in this case were had upon the contest of a claim of homestead exemption’. After the levy of a writ of attachment in favor of the appellants, Land & Rentz, against the appellee, the latter interposed a homestead claim to the lands so levied upon. To this claim of homestead exemptions the plaintiffs filed a .contest.
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Appeal from the Circuit Court of Choctaw. Tried before the Hon. John C. Anderson. ■ The proceedings in this case were had upon the contest of a claim of homestead exemption’. After the levy of a writ of attachment in favor of the appellants, Land & Rentz, against the appellee, the latter interposed a homestead claim to the lands so levied upon. To this claim of homestead exemptions the plaintiffs filed a .contest. Upon the hearing of this contest, the plaintiffs introduced evidence tending to show that although S. A. Boy-kin formerly resided on the lands levied upon as a homestead, he had,…
1Opinion of the CourtTyson, J.
— The land on which was situated a dwelling house, in which defendant, prior to April, 1895, resided with his family, was his homestead, and exempt to him from levy and sale under execution and other process for the collection of debts owing by him. — Code, 1886, § 2507; Code of 1896, § 2033.' From the evidence of defendant and witnesses examined in his behalf- we deduce the following facts: During the first week in April, 1895, defendant left his family in his dwelling and went to the State of Mississippi to work in a turpentine orchard. After being there a few weeks, he rented a dwelling…
2Cases cited1 opinion
- Garrett v. JonesSupreme Court of Alabama · 1891
3Cited by8 opinions
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Bland v. PutmanSupreme Court of Alabama · 1902
- Cowan v. StaggsSupreme Court of Alabama · 1912
- Cardwell v. Virginia State InsuranceSupreme Court of Alabama · 1916
- Trapp v. First Nat. BankSupreme Court of Alabama · 1928
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