Lackland v. Rogers
Supreme Court of Alabama
Contest of a Claim of Homestead Exemption. Appeal from the Circuit Court of Clarke. The object of this proceeding was to contest a claim of homestead exemptions, under sections 2520 and 2521 of the Code of 1886. The appellant had obtained judgment against the ap-pellee in a justice’s court, upon which execution was issued, and, in default of personal property sufficient to satisfy the execution, the process was levied upon certain real estate, as the property of appellee.
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Contest of a Claim of Homestead Exemption. Appeal from the Circuit Court of Clarke. The object of this proceeding was to contest a claim of homestead exemptions, under sections 2520 and 2521 of the Code of 1886. The appellant had obtained judgment against the ap-pellee in a justice’s court, upon which execution was issued, and, in default of personal property sufficient to satisfy the execution, the process was levied upon certain real estate, as the property of appellee. The execution was returned to the justice, who thereupon transmitted all the papers in the cause to the next ensuing term…
1Opinion of the CourtMcCLELLAN, J.
Under statutory provisions having reference to proceedings when an execution from a justice’s court is levied on land, and to the time and manner of interposing a claim of exemption of the land so levied on, as the homestead of the defendant, it is settled by the decisions of this court that such claim is effectually waived and lost as against such execution unless it be interposed before air order for the sale of the land is made by the circuit court.-Sherry v. Brown, 66 Ala. 51; Toenes v. Moog, 78 Ala. 558.
The claim of homestead exemption was not made in this case until long after the order…
2Cases cited2 opinions
- Sherry v. BrownSupreme Court of Alabama · 1880
- Toenes v. MoogSupreme Court of Alabama · 1885
3Cited by4 opinions
- Cross v. Bank of EnsleySupreme Court of Alabama · 1921
- Poole v. GriffithSupreme Court of Alabama · 1927
- Hill v. HooperAlabama Court of Appeals · 1926
- Rogers v. LacklandSupreme Court of Alabama · 1897