Snead v. Scott
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Ella Scott and others against J. A. Snead, in assumpsit and trover. Judgment for plaintiffs, and defendant appeals. A. A. Scott died in June, 1909, leaving a .widow and six minor children of a former wife.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Ella Scott and others against J. A. Snead, in assumpsit and trover. Judgment for plaintiffs, and defendant appeals. A. A. Scott died in June, 1909, leaving a .widow and six minor children of a former wife. Among other things he left a homestead, a gray mule, and growing-crops of corn and cotton, both homestead and personalty being less than the exemptions allowed by law to the widow and minor children. Some months before his death he executed two chattel mortgages to B raster & Bonner, one for $165, due January 1,…
1Opinion of the CourtSomerville, J.
Crops of annual culture, left growing and ungathered at the time of the owner’s death, were at common law regarded as personalty as between the personal representative and the heirs.— Blair v. Murphree, Adm’r, 81 Ala. 454, 2 South. 18; Mitcham v. Moore, 73 Ala. 542, 547; Marx v. Nelms, 95 Ala. 305, 10 South. 551. Their status as personalty has not been changed by our statutes, and the widow and minor children may claim them as part of their exemptions of personal property.
When the decedent leaves less than $1,000 of personalty, including growing crops as here, the title and possession pass to…
2Cases cited9 opinions
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- Mitcham v. MooreSupreme Court of Alabama · 1883
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3Cited by17 opinions
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