Howton v. Howton

Coffey v. Joseph, 74 Ala. 271, and Cox et al. v. Bridges, 84 Ala. 553, 4 So. 597, were decided in the early eighties, at which time the Code of 1876 embodied the law with respect to setting apart homestead exemptions to the widow and the contest of that right. See Code 1876, § 2841. Under the law of that time the probate court was without authority or jurisdiction to confirm the report of the commissioner. That question had to be certified to the circuit court wherein the contest was to be tried. Under that section of the Code of 1876, as observed, “The object and purpose of the statutory…