Marks, Rothenberg & Co. v. Wilson
Supreme Court of Alabama
Appeal from the Circuit Court of Choctaw. Tried before the Hon. John C. Anderson. This was a statutory action of ejectment, brought by the appellants, Marks, Rethenberg & Co., against the appellee, W. J. Wilson, to recover certain lands specifically described in the complaint.
Read the full summary
Appeal from the Circuit Court of Choctaw. Tried before the Hon. John C. Anderson. This was a statutory action of ejectment, brought by the appellants, Marks, Rethenberg & Co., against the appellee, W. J. Wilson, to recover certain lands specifically described in the complaint. The defendant pleaded the general issue, and by a second plea that the land sued for “ now and was at the time of the execution- of the mortgage, under which plaintiff claims title, the homestead of the defendant, and that' said land was occupied by defendant as a homestead at that time, and that there is not upon nor…
1Opinion of the CourtHaralson, J.
The constitution and statutes of this State secure not only the homestead exemption of 160 acres to any resident of the State, but the right of its selection to the owner thereof.. — Const. Art. X, § 2 ; Code of 1886, §§ 2508, 2515. Á purchaser from the husband is required to take notice as to what part of the land the debtor may choose to select. He buys at his own risk, as to that matter.—Jaffrey & Co. v. McGough, 88 Ala. 650. Both by the constitution and by statute, it is provided that no mortgage or other alienation by a married man of the homestead shall be valid without the voluntary…
2Cases cited5 opinions
- Jaffrey & Co. v. McGoughSupreme Court of Alabama · 1889
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Crim v. NelmsSupreme Court of Alabama · 1885
- McGhee v. WilsonSupreme Court of Alabama · 1895
- New England Mortgage Security Co. v. PayneSupreme Court of Alabama · 1894
3Cited by10 opinions
- Bushnell v. LoomisSupreme Court of Missouri · 1911
- Williams v. KilpatrickSupreme Court of Alabama · 1916
- Cowan v. Southern Railway Co.Supreme Court of Alabama · 1897
- McClendon v. Equitable Mortgage Co.Supreme Court of Alabama · 1898
- Gay v. FlemingSupreme Court of Alabama · 1913
5 more not listed; retrieve them via the Exa API.