Faircloth v. Carroll
Supreme Court of Alabama
Appeal from the Chancery Court of Geneva. Heai'd before the Hon. William L. Parks. The hill in this case was filed December 18th, 1901, by J. R. haircloth and D. 11 Fulton as partners composing the firm of Fulton & Co. against Ophelia A. Carroll aiid Chaldee Peacock, widow and minor respectively of Delaware Peacock, deceased, the widow having married Carroll since the death of her husband, Delaware Peacock.
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Appeal from the Chancery Court of Geneva. Heai'd before the Hon. William L. Parks. The hill in this case was filed December 18th, 1901, by J. R. haircloth and D. 11 Fulton as partners composing the firm of Fulton & Co. against Ophelia A. Carroll aiid Chaldee Peacock, widow and minor respectively of Delaware Peacock, deceased, the widow having married Carroll since the death of her husband, Delaware Peacock. The hill avers that some time in the year 1904, Delaware Peacock died, seized aud possessed of the land, the subject of the suit, and that at the time of his death he was residing upon…
1Opinion of the CourtTyson, J.
Section 2071 of the Code provides that “when the homestead set apart to the widow and minor child or children or either, constitutes all the real estate owned in this State by the decedent at the time of his death, the title to such homestead vests absolutely in them, whether there be administration on the estate of the decedent or not,” In Quinn v. Campbell, 126 Ala. 280, consonant with the previous rulings of this court, it was held, that under this .statute, it is not indispensable! for the widow and minors to lay claim to the homestead by having it set aside to them-“The law intervenes in…
2Cases cited4 opinions
- Tartt v. NegusSupreme Court of Alabama · 1899
- Garland v. BostickSupreme Court of Alabama · 1897
- Quinn v. CampbellSupreme Court of Alabama · 1899
- New England Mortgage Security Co. v. DavisSupreme Court of Alabama · 1898
3Cited by26 opinions
- Hogan v. ScottSupreme Court of Alabama · 1914
- Spitzer v. Branning, Et Ux.Supreme Court of Florida · 1938
- Chamboredon v. FayetSupreme Court of Alabama · 1912
- Headen v. HeadenSupreme Court of Alabama · 1911
- Miles v. LeeSupreme Court of Alabama · 1913
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