Pinckard v. Freeman
Supreme Court of Alabama
Exemption Contest. Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Claim of exemption and contest between Pinckard & Lay, execution plaintiffs, and J. A. Freeman and Garry Freeman, execution defendants. From a judgment sustaining demurrer to the contest, and dismissing same, the execution plaintiffs appeal.
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Exemption Contest. Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Claim of exemption and contest between Pinckard & Lay, execution plaintiffs, and J. A. Freeman and Garry Freeman, execution defendants. From a judgment sustaining demurrer to the contest, and dismissing same, the execution plaintiffs appeal. Pinckard & Lay, having recovered a judgment against J. A. and Carry Freeman, procured an execution thereon, which was levied by the sheriff upon certain lands and the return made, together with a return that certain claims of exemptions had been filed with him by the…
1Opinion of the CourtDowdell, C. J.
The appeal in this case is taken from the judgment of the court, dismissing the plaintiffs’ contest of the defendants’ claim of exemption.
The plaintiffs’ affidavit of contest is in the language of the statute. — Code 1907, § 1173. “The form of the issue on a contest is largely within the direction of the court, and not subject to demurrer, nor governed by the rules of formal pleading; and if broad enough to admit any legal evidence as to the validity or invalidity of the claim in whole or in part, on the grounds specified in the affidavit of contest, it is substantially sufficient.” — Beckert…
2Cases cited1 opinion
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
3Cited by1 opinion
- Crabtree v. KirbySupreme Court of Alabama · 1932