Blum v. Carter
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This was a statutory contest as to the right to a homestead exemption in certain lands in said county of Montgomery, on which an execution had been levied in favor of Edward Blum against Henry C. Carter.
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This was a statutory contest as to the right to a homestead exemption in certain lands in said county of Montgomery, on which an execution had been levied in favor of Edward Blum against Henry C. Carter. The plaintiff’s judgment against said Carter, on which the execution issued, was rendered on the 7th November, 1872; and it was founded on a promissory note, dated tbe 10th February, 1870, aud payable at a date not shown by the record. The execution on this judgment, which was levied on the lands, was issued- on…
1Opinion of the CourtStone, J.
The debt, against which the homestead right of Carter is asserted in this case, was contracted in 1870. At that time, only the provisions of the constitution of 1868 operated on the question of the extent and quantity of the homestead exemption. The quantity, if not in a city, town, or village, was fixed at eighty acres. We have uniformly held, that the law in force at the time the debt is contracted, must determine the extent and value of the homestead, and not the law in force, if different, when the exemption is claimed.— Watts v. Burnett, 56 Ala. 340; Wilson v. Brown, 58 Ala. 62, and…
2Cases cited12 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Daniel v. Collins & Co.Supreme Court of Alabama · 1877
- McConnaughy v. BaxterSupreme Court of Alabama · 1876
- Boyle v. ShulmanSupreme Court of Alabama · 1877
- Neal v. CoeSupreme Court of Iowa · 1872
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3Cited by30 opinions
- Cochran v. MillerSupreme Court of Alabama · 1883
- Englehardt v. Yung's HeirsSupreme Court of Alabama · 1884
- Kingman v. O'CallaghanSouth Dakota Supreme Court · 1894
- Hines v. DuncanSupreme Court of Alabama · 1885
- Cowan v. BurchfieldDistrict Court, N.D. Alabama · 1910
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