Hines v. Duncan
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 20th March, 1885, by Edward F. Hines, as the administrator of the estate of Charlotte Hines, deceased, against Mrs. Bridget Duncan and her husband ; and sought to subject a certain house and lot in Mobile, which was alleged to be held by Mrs. Duncan as an equitable estate, to the payment of a note for $200, which was dated February 27th, 1883, payable two…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 20th March, 1885, by Edward F. Hines, as the administrator of the estate of Charlotte Hines, deceased, against Mrs. Bridget Duncan and her husband ; and sought to subject a certain house and lot in Mobile, which was alleged to be held by Mrs. Duncan as an equitable estate, to the payment of a note for $200, which was dated February 27th, 1883, payable two years after date, and given by Mrs. Duncan for money borrowed from Mrs. Hines. The house and lot, which was particularly…
1Opinion of the CourtClopton, J.
Statutes conferring on a debtor the right to exemption of property from sale for the payment of debts have been generally regarded as founded in a humane and enlightened policy, having respect to the common welfare, as well as to the benefit of the individual debtor. Their obvious purpose is to secure to each family a home and means of livelihood, *115irrespective of financial misfortune, and beyond the reach of creditors ; security of the State from the burden of pauperism, and of the individual citizen from destitution. Such statutes are entitled to a liberal construction — a construction in…
2Cases cited16 opinions
- Miller v. SherrySupreme Court of the United States · 1865
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Evans v. WelchSupreme Court of Alabama · 1879
- Blum v. CarterSupreme Court of Alabama · 1879
- Bullene v. HiattSupreme Court of Kansas · 1873
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- West Florida Grocery Co. v. Teutonia Fire InsuranceSupreme Court of Florida · 1917
- Fuller v. WhitlockSupreme Court of Alabama · 1892
- Sneed v. DavisSupreme Court of Florida · 1938
- Hookway v. ThompsonWashington Supreme Court · 1909
- Cross v. Bank of EnsleySupreme Court of Alabama · 1921
12 more not listed; retrieve them via the Exa API.