Howle v. Edwards
Supreme Court of Alabama
Action upon Promissory Note. Appeal from the Circuit Court of Cleburne. This action was originally brought by appellee. Fannie E. Edwards, as plaintiff, against R. B. Edwards andH. M. Howie, as defendants, and was based upon a promissory note executed by them and payable to J. W. Edwards, who was the husband of the plaintiff, and who died before this suit was brought. The plaintiff, in the original complaint, claimed the note sued on as her property.
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Action upon Promissory Note. Appeal from the Circuit Court of Cleburne. This action was originally brought by appellee. Fannie E. Edwards, as plaintiff, against R. B. Edwards andH. M. Howie, as defendants, and was based upon a promissory note executed by them and payable to J. W. Edwards, who was the husband of the plaintiff, and who died before this suit was brought. The plaintiff, in the original complaint, claimed the note sued on as her property. The summons was returned not served as to R. B. Edwards, and at the first trial a discontinuance ■was entered as to liim and the cause proceeded…
1Opinion of the CourtHead, J.
When this case was here on a former appeal (97 Ala. 649), it was said the plaintiff, the widow of the deceased owner of the note in suit, could not maintain the action by virtue of her right, as widow, to claim the *196note as exempt property, without averment and proof of the prior selection of the note as exempt property, in the mode prescribed by the statute; citing Tucker v. Henderson, 63 Ala. 280. That decision was without reference to the act of February 12, 1885 (Acts of 1884-85, 114), as amended by the act of February 12, 1887 (Acts of 1886-87, 112), evidently for the reason that the…
2Cases cited2 opinions
- Howle v. EdwardsSupreme Court of Alabama · 1892
- Tucker v. Henderson's Adm'rSupreme Court of Alabama · 1879
3Cited by6 opinions
- Jennings v. JenningsSupreme Court of Alabama · 1947
- Dennis v. StateSupreme Court of Alabama · 1897
- Compton v. SmithSupreme Court of Alabama · 1897
- Barclift v. First Nat. Bank of HartselleSupreme Court of Alabama · 1932
- Dicus v. ChildressSupreme Court of Alabama · 1900
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