Garland v. Bostick
Supreme Court of Alabama
Appeal from tlie Probate Court of Jackson. Heard before the Hon. William B. Bridges. This was a proceeding, instituted in tlie probate court of Jackson county, by Mrs. Sallie Garland, to have set apart to her a homestead in the estate of her deceased husband, John 0. Garland. The facts in this case are in substance as follows: John C. Garland died intestate in Jackson county, in August, 1896, leaving Sallie Garland, the appellant, surviving him as his widow.
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Appeal from tlie Probate Court of Jackson. Heard before the Hon. William B. Bridges. This was a proceeding, instituted in tlie probate court of Jackson county, by Mrs. Sallie Garland, to have set apart to her a homestead in the estate of her deceased husband, John 0. Garland. The facts in this case are in substance as follows: John C. Garland died intestate in Jackson county, in August, 1896, leaving Sallie Garland, the appellant, surviving him as his widow. He had no lineal descendants, and his brothers and sisters and their descendants were his heirs-at-law. At the time of his death and for…
1Opinion of the CourtHaralson, J.
It is claimed by the guardian ad litem of the infant defendant, that the widow, Mrs. Garland, forfeited her right to the homestead, when, shortly after the death of her husband, she moved from and leased it temporarily to another. This contention has no foundation, unless it could be justified under that chapter of the Code of 1886, which begins with section *2142507. But that chapter relates exclusively to “exemptions from levy and sale under process.”
In the case before us, the husband owned and resided on the town homestead in question, which was less in value than $2,000, and died leaving…
2Cases cited4 opinions
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Jackson v. WilsonSupreme Court of Alabama · 1897
- Jaffrey & Co. v. McGoughSupreme Court of Alabama · 1889
- Dicus v. Hall, Hooper & Co.Supreme Court of Alabama · 1887
3Cited by16 opinions
- Tartt v. NegusSupreme Court of Alabama · 1899
- Faircloth v. CarrollSupreme Court of Alabama · 1902
- Kyser v. McGlinnSupreme Court of Alabama · 1921
- Quinn v. CampbellSupreme Court of Alabama · 1899
- Hammond v. ShippSupreme Court of Alabama · 1974
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