Franklin v. Comer
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. E. it: Franklin recovered judgment against N. B. Comer, and levied execution on certain lots alleged to belong to Comer.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. E. it: Franklin recovered judgment against N. B. Comer, and levied execution on certain lots alleged to belong to Comer. Comer filed his exemptions, setting-up that the homestead did not exceed in area 160 acres, or-in :value''$2;000j' 'exclusive' of'- incumbrances. • It’ is claiffied 'that vthe*'property- ranged -in 'value betwe'en $4,000 - and- $4,900, ' and thbt1 -there Was -a mortgage on tbe property amounting to approximately $2,500.' From a judgment’ allowing- tbe' exemptions, 'Franklin appeals. Tbe statutes require…
1Opinion of the Court
ANDERSON, J..To every resident of this state our statute (Code 1907, § 4160) exempts ..from liability to creditors tbe homestead, not-to exceed 160 acres or $2,000 in-value, .“to tbe extent of any interest be may have tbereib, whether'a fee or less estate.”' -It'is-the value of the debtor’s interest, whether qualified or- comprising the-whole estate, in the homestead land, 'that must be eliminated->in determining whht must be exempt; so that, if the land is worth more than $2,000, Avhile the debtor’s interest does not- exceed that sum, there is nothing subject to execution for debt. —Steiner…
2Cases cited9 opinions
- Tyler v. JewettSupreme Court of Alabama · 1886
- Hoy v. AndersonNebraska Supreme Court · 1894
- Murphy v. Hunt, Miller & Co.Supreme Court of Alabama · 1883
- Bailey v. Dunlap Mercantile Co.Supreme Court of Alabama · 1903
- McCrary v. Chase & Co.Supreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- First Alabama Bank of Dothan v. RenfroSupreme Court of Alabama · 1984
- Majors v. KillianSupreme Court of Alabama · 1935
- Dogan, Sheriff v. CooleyMississippi Supreme Court · 1939
- Brock Candy Co. v. ElsonSupreme Court of Alabama · 1924
- Waller v. HarrisSupreme Court of Alabama · 1930
2 more not listed; retrieve them via the Exa API.