Hamner v. Freeman
Supreme Court of Alabama
Appeal from Tuscaloosa Chancery Court. Heard before Hon. A. H. Benners. Bill by S. M. Freeman against J. D. Hamner, Sr., and others, to declare certain deeds void, for an accounting, and to declare a lien in favor of complainant upon certain property. Decree for complainant, and respondent named appeals.
Read the full summary
Appeal from Tuscaloosa Chancery Court. Heard before Hon. A. H. Benners. Bill by S. M. Freeman against J. D. Hamner, Sr., and others, to declare certain deeds void, for an accounting, and to declare a lien in favor of complainant upon certain property. Decree for complainant, and respondent named appeals. The case made by the bill is that in the year 1907 J. D. Hamner, Sr., was indebted in a large sum to the firm of Sloan & Freeman, composed of orator and E. F. Sloan, and that the firm affairs at that time were in the hands of George A. Searcy as receiver, who in that capacity filed a suit…
1Opinion of the CourtAnderson, J.
We are disposed to agree with the chancellor to the effect that the deeds from the appellant to his sons Avere inoperative, as against this complainant, but do not agree that all of the property conveyed Avas liable to the complainant’s demand. The *113undisputed evidence shows that Hamner, Sr., resided on this land, and 160 acres of the same was subject to his claim of homestead exemption. The chancery court, therefore, erred in holding that complainant had a lien upon all of the property. As a general mile, a conveyance of a homestead cannot be fraudulent against creditors, whether the…
2Cases cited4 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- First National Bank v. BrowneSupreme Court of Alabama · 1900
- Owen v. GersonSupreme Court of Alabama · 1898
- Steiner Bros. v. BerneySupreme Court of Alabama · 1900
3Cited by3 opinions
- Horan v. HoranSupreme Court of Alabama · 1953
- Russell & Johnson v. Town of OneontaSupreme Court of Alabama · 1917
- B. F. Goodrich Silvertown Stores, Inc. v. BrownSupreme Court of Alabama · 1950