Coon v. Coon

On the Merits

The question confronting us in this case is, shall a decree providing for the support and maintenance of the former wife, which was never a lien upon the homestead of her former husband, be superior to the homestead exemption in favor of his widow and minor children? We have found no case in this or any other jurisdiction which squarely answers this question.

It is established in this state that a decree for alimony is not such a debt within the meaning of the statutes as to allow a husband’s claim of homestead exemption. Horan v. Horan, 259 Ala. 117, 65 So.2d 486; Littleton v.…