Dickinson v. Champion
Supreme Court of Alabama
Appeal from Pike Cricuit Court. Heard before Hon. H. A. Pearce. Ejjectment by Anna Dickinson and others against G. M. Champion and others. Judgment for defendants and plaintiffs appeal.
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Appeal from Pike Cricuit Court. Heard before Hon. H. A. Pearce. Ejjectment by Anna Dickinson and others against G. M. Champion and others. Judgment for defendants and plaintiffs appeal. The law governing this case is found in the Code of 1896, sections 2069, 2071, 2091, 2097, 2098 and 2100; O’Bear v. Jackson, 124 Ala. 298. The heirs had an interest in the subject-matter of the proceedings and were entitled to notice. — O’Bear v. Jackson, supra; Oalhoun v. Fletcher, 63 Ala. 580; N. O. & St. L. v. Garthus, 150 Ala. 637. The record shows a want of this jurisdictional fact and the decree is void.…
1Opinion of the CourtMayfield, J.
H. W. Emfinger died intestate, leaving a widow and no minor children. All of the land he owned was a homestead of 120 acres. This was duly set apart to the widow, as provided by section 2097 et seq. of the Code of 1896. It was reported and appraised at $1,200, which report and appraisement was fully confirmed by the probate court, and set aside to the widow as exempt, thus vesting in her an absolute title thereto, as provided by section 2100 of the Code of 1896. The widow subsequently sold the lands to appellees, and the appellants (granchildren and heirs of the intestate) brought this action…
2Cases cited2 opinions
- Tartt v. NegusSupreme Court of Alabama · 1899
- Faircloth v. CarrollSupreme Court of Alabama · 1902
3Cited by7 opinions
- Hogan v. ScottSupreme Court of Alabama · 1914
- Headen v. HeadenSupreme Court of Alabama · 1911
- Miles v. LeeSupreme Court of Alabama · 1913
- Hall v. HallSupreme Court of Alabama · 1911
- Crawford v. CrawfordSupreme Court of Alabama · 1946
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