Dexter v. Strobach
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Mrs. Bosalie Strobach, to recover the possession of a tract of land near the city of Montgomery, and was commenced on the 5th May, 1873. Mrs. H. S. Dexter was made a party defendant, as landlord, on her own motion, and pleaded—1st, not guilty; 2d, that the land sued for was exempt to her as a homestead under the constitution and laws of Alabama; and, 3d, that the…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Mrs. Bosalie Strobach, to recover the possession of a tract of land near the city of Montgomery, and was commenced on the 5th May, 1873. Mrs. H. S. Dexter was made a party defendant, as landlord, on her own motion, and pleaded—1st, not guilty; 2d, that the land sued for was exempt to her as a homestead under the constitution and laws of Alabama; and, 3d, that the plaintiff was the wife of Paul Strobach, who, as sheriff of said county, had sold the lands under execution against the…
1Opinion of the CourtManning, J.
The provisions of the constitution of 1868, and of the statutes in force from 1865 to that time, concerning the exemption of homesteads from execution, required that the property so exempt should include the dwelling-house thereon, or house occupied as such by the claimant.— Kaster v. McWilliams, 41 Ala. 302; McConnaghey v. Baxter, and Miller v. Marx, at the present term.
In the present case, the property claimed as exempt under those laws had no dwelling-house on it, and was not part of, or adjacent to any land, on which appellant had a dwelling-house. It was remote from appellant’s…
2Cases cited1 opinion
- Kaster v. McWilliamsSupreme Court of Alabama · 1867
3Cited by4 opinions
- Blum v. CarterSupreme Court of Alabama · 1879
- Memory v. Brasington (In Re Brasington)United States Bankruptcy Court, M.D. Alabama · 1981
- Weinrib v. WolterSupreme Court of Alabama · 2008
- Weinrib v. WolterSupreme Court of Alabama · 2008