Talmadge's Adm'r v. Talmadge
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. W. B. Wood. This action was brought by George D. Mingea, as the administrator of the estate of William Talmadge, deceased, against Mrs. Amelia Talmadge, the widow of said decedent, to recover a tract of land particularly described in the complaint, containing about twenty acres, with damages for its detention ; and was commenced on the 20th February, 1879. The defendant pleaded “ the general issue, in short by…
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Appeal from the Circuit Court of Limestone. Tried before the Hon. W. B. Wood. This action was brought by George D. Mingea, as the administrator of the estate of William Talmadge, deceased, against Mrs. Amelia Talmadge, the widow of said decedent, to recover a tract of land particularly described in the complaint, containing about twenty acres, with damages for its detention ; and was commenced on the 20th February, 1879. The defendant pleaded “ the general issue, in short by consent, with leave to give any special matter in evidence and the cause was tried on issue joined on that plea. On the…
1Opinion of the CourtSomebyille, J.
The constitution and statute laws of Alabama provide for the exemption from sale on execution, or other legal process, of a homestead, only for the use and benefit of “ any resident of this State.” — Const. 1875, Art. 10, § 1; Code of 1876, § 2820. Non-residents are excluded from this benefaction, by the most obvious rule of legal construction ; and, in the event of their decease before a change of residence or domicile from elsewhere to this State, their families are equally excluded from the privilege.—Auerbach v. Pritchett, 58 Ala. 451. If, therefore, the appellee’s husband, William…
2Cases cited4 opinions
- Harrison v. HarrisonSupreme Court of Alabama · 1852
- State v. HallettSupreme Court of Alabama · 1845
- Glover v. GloverSupreme Court of Alabama · 1850
- Auerbach v. PritchettSupreme Court of Alabama · 1877
3Cited by23 opinions
- Hadnott v. AmosDistrict Court, M.D. Alabama · 1970
- Mitchell v. KinneySupreme Court of Alabama · 1942
- Merrill's Heirs v. MorrissettSupreme Court of Alabama · 1884
- Pope v. HowleSupreme Court of Alabama · 1933
- Nora v. NoraSupreme Court of Alabama · 1986
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