Hagin v. Shoaf
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon, Joi-in H. Disque. Assumpsit by Ella Slioaf against J. T. Hagin. Judgment for plaintiff and defendant appeals. The court erred in its judgment and findings on the fact. — Harrison v. Hicks, 1 Port. 423. The wife has no estate or vested interest in the homestead during the life of the husband. —21 Cyc. 460; Witherington o.
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Appeal from Gadsden City Court. Heard before Hon, Joi-in H. Disque. Assumpsit by Ella Slioaf against J. T. Hagin. Judgment for plaintiff and defendant appeals. The court erred in its judgment and findings on the fact. — Harrison v. Hicks, 1 Port. 423. The wife has no estate or vested interest in the homestead during the life of the husband. —21 Cyc. 460; Witherington o. Mason, 86 Ala. 349. The ' wife may pay the husband’s debt. — Hollingsworth v. Hill, 116 Ala. 184. There was no gift. — Thompson v. Hudgins, 116 Ala. 93; 20 Cyc. 1192. This is true as to land conveyances. — 131 Ala. 333; 110…
1Opinion of the Court
PELHAM, J. —
Suit was brought in the court below by the appellee, as plaintiff, against the appellant alone, as defendant, on a promissory note made by the appellant, R. L. Shoaf (the husband of appellee, and the principal debtor), and one W. T. Lister. The note was payable to the EtoAvah Trust & Savings Bank or order, and. the appellee brought suit against the appellant, as transferee of the original payee (the bank). Trial was had before the court without a jury on the issues tendered by the appellant’s pleas of the general issue and payment, resulting in a judgment against appellant for *302the…
2Cases cited9 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Lecroix v. MaloneSupreme Court of Alabama · 1908
- Harrison v. HicksSupreme Court of Alabama · 1835
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3Cited by3 opinions
- Stegal v. Union Bank & Federal Trust Co.Supreme Court of Virginia · 1934
- Hopson v. StateSupreme Court of Alabama · 1982
- Stevens v. RomanoAlabama Court of Appeals · 1914