Waugh v. Montgomery
Supreme Court of Alabama
Homestead Exemption, and Redemption of Land held under a Mortgage. Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. In December, 1874, the appellee in this cause obtained a judgment in an attachment suit brought in the Circuit Court of Dallas county against the appellant, L. H. Montgomery. The judgment condemned the interest of Waugh in the land, the subject of this suit in Chancery.
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Homestead Exemption, and Redemption of Land held under a Mortgage. Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. In December, 1874, the appellee in this cause obtained a judgment in an attachment suit brought in the Circuit Court of Dallas county against the appellant, L. H. Montgomery. The judgment condemned the interest of Waugh in the land, the subject of this suit in Chancery. On the 15th day of March, 1875, the sheriff sold the lands and L. H. Montgomery became the purchaser. On 11th January, 1873, Mathew R. Waugh and his wife, E. A. Waugh, executed a mortgage upon…
1Opinion of the CourtStone, J.
— There are two conclusive reasons, not to no-_ tice any others, why Mr. Waugh’s claim of homestead exemption can not be allowed. First, it is neither averred nor proved that he occupied the premises, which he claims as exempt. On the contrary, it is shown that neither he nor his *575family has occupied them since 1873. Second, the claim was not interposed, until after the sale by the sheriff, at which Mr. Montgomery became the purchaser. — Martin v. Lile, 63 Ala. 406; McConnaughy v. Baxter, 55 Ala. 379; Preiss v. Campbell, 60 Ala. 635. This disposes adversely of all claim asserted by Waugh.
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2Cases cited3 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- McConnaughy v. BaxterSupreme Court of Alabama · 1876
- Martin v. LileSupreme Court of Alabama · 1879
3Cited by2 opinions
- Hines v. DuncanSupreme Court of Alabama · 1885
- Scaife v. ArgallSupreme Court of Alabama · 1883