Legal Opinion

Johns v. Cannon

Supreme Court of Alabama

Decided February 1, 1917PublishedCited by 14 opinions

Appeal from Jefferson Chancery. Court. Heard before Hon. A. H. Benners. Bill by Rose Johns Cannon for homestead exemptions to be carved out of certain real estate left by her former deceased husband, upon the sale of same. There was decree for complainant and the heirs of the former deceased husband, L. W. Johns, appeal.

1Opinion of the CourtMayfield, J.

— The abstract question of law involved on this appeal is whether or not a widow who would otherwise be entitled to homestead rights in the lands of her deceased husband would lose or forfeit such rights by intermarrying with a *139nonresident and removing with him from the state, pending proceedings to have her homestead rights allotted to her, and afterwards, but before the consummation of such proceedings, returning with her husband to reside in the state. We feel no .doubt that this question is correctly answered in the negative. The concrete case presented by the appeal is that appellee was…

2Cases cited7 opinions

  1. Banks v. SpeersSupreme Court of Alabama · 1892
  2. Chamboredon v. FayetSupreme Court of Alabama · 1912
  3. Nolen v. DossSupreme Court of Alabama · 1901
  4. Ex parte PearsonSupreme Court of Alabama · 1884
  5. Garland v. BostickSupreme Court of Alabama · 1897

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Caheen v. CaheenSupreme Court of Alabama · 1937
  2. Bishop v. JohnsonSupreme Court of Alabama · 1942
  3. Lucky v. RobertsSupreme Court of Alabama · 1924
  4. Coker v. CokerSupreme Court of Alabama · 1922
  5. Gowens v. GossSupreme Court of Alabama · 1990

9 more not listed; retrieve them via the Exa API.

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