Weiner v. Sterling
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before Hon. Henry T. Toulmin. This was a real action in the nature of ejectment, brought by the appellant, Weiner, in November, 1877, against the appellee, Sterling, to recover a house and lot in Mobile.
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Appeal from the Circuit Court of Mobile. Tried before Hon. Henry T. Toulmin. This was a real action in the nature of ejectment, brought by the appellant, Weiner, in November, 1877, against the appellee, Sterling, to recover a house and lot in Mobile. The lot in question, before appellant conveyed it, constituted part of her statutory separate estate, held under a deed made to her in October, 1872. In 1873, it was occupied by her family, consisting of her husband, herself and her three children, as their home. In December of that year she and her husband executed a deed thereof in the proper…
1Opinion of the CourtManning, J.
The contention on appellant’s part is, that the property in question was her homestead when her deed of it was made; that she was not examined according to the act of April 23d, 1873, separate and apart from her husband, when she acknowledged the execution of it; and that, therefore the deed is void. Defendant’s counsel on the contrary, insist that the wife’s separate estate “ can not be the subject of homestead exemption,” and next, that if it may be, still that the act of 1873 does not make Mrs.. Weiner’s deed void.
Upon the former of these propositions, consistency with our rulings in other…
2Cases cited3 opinions
- Weber v. ShortSupreme Court of Alabama · 1876
- Weil & Brother v. PopeSupreme Court of Alabama · 1875
- Fisk v. StubbsSupreme Court of Alabama · 1857
3Cited by7 opinions
- Dawson v. BurrusSupreme Court of Alabama · 1882
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- Seaman v. NolenSupreme Court of Alabama · 1880
- Hines v. DuncanSupreme Court of Alabama · 1885
- Beard v. JohnsonSupreme Court of Alabama · 1888
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