Watts v. Burnett
Supreme Court of Alabama
Ajppeal from the Chancery Court of Butler. Heard before the Hon. H. Austell. The original bill in this cause was filed on the 21st. October, 1875, by Mrs. Anne L. Burnett, the wife of Thomas J. Burnett, who sued by her next friend, against Mrs. Mary P. Watts and said Thomas J. Burnett.; and sought to enjoin and restrain Mrs. Watts from selling, under a power of sale contained in a mortgage executed to her by said Thomas J. Burnett and his wife, a certain house and lot in…
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Ajppeal from the Chancery Court of Butler. Heard before the Hon. H. Austell. The original bill in this cause was filed on the 21st. October, 1875, by Mrs. Anne L. Burnett, the wife of Thomas J. Burnett, who sued by her next friend, against Mrs. Mary P. Watts and said Thomas J. Burnett.; and sought to enjoin and restrain Mrs. Watts from selling, under a power of sale contained in a mortgage executed to her by said Thomas J. Burnett and his wife, a certain house and lot in Greenville, which was the residence of said mortgagors, and which the complainant claimed as a homestead under the…
1Opinion of the CourtStone, J.
The homestead claimed in the present case is in the city of Greenville. The right must be tested as of January 21st, 1870, the date of the mortgage against which the claim is set up. The constitution of 1868 controls the question of the validity of the mortgage. Under that constitution, the residence of Mr. and Mrs. Burnett, being in a city, is not exempt as a homestead, unless it was, at the time of the mortgage, of value not exceeding two thousand dollars, or unless it was susceptible of division, so as to carve out a homestead, including the dwelling, not exceeding two thous- and dollars…
2Cases cited4 opinions
- Chapman v. . RoseNew York Court of Appeals · 1874
- Hartley v. FroshTexas Supreme Court · 1851
- Wells v. MorrowSupreme Court of Alabama · 1861
- Douglass v. MattingSupreme Court of Iowa · 1870
3Cited by15 opinions
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Cochran v. MillerSupreme Court of Alabama · 1883
- Blum v. CarterSupreme Court of Alabama · 1879
- Ward v. WardSupreme Court of Alabama · 1895
- Pacific Guano Co. v. AnglinSupreme Court of Alabama · 1886
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