Planters' Chemical & Oil Co. v. Graham
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Contest of claim of homestead exemptions between the Planters’ Chemical & Oil Company and T. L. Graham. Judgment for contestee, and contestant appeals. The Planters’ Ohemical & Oil Company had judgment against T. L. Graham with execution which was returned executed.
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Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Contest of claim of homestead exemptions between the Planters’ Chemical & Oil Company and T. L. Graham. Judgment for contestee, and contestant appeals. The Planters’ Ohemical & Oil Company had judgment against T. L. Graham with execution which was returned executed. An alias execution was issued on March 5,1918, and on March 6, 1918, was levied on certain lands as the property of Graham, who filed claim of homestead exemption. The evidence shows that on January 9, 1917, Graham filed in the office of the judge of probate of St.…
1Opinion of the Court
THOB1AS, J.
[1] We have examined the evidence and are of opinion that the issue of disputed fact was properly submitted to the jury.
[2] A recent full discussion of the law governing claims of exemption filed under the statute is found in Fuller v. American Supply Co., 185 Ala. 512, 64 South. 549. It is not necessary to repeat the same at this time. After the filing of the declaration under section 4168 of the Gode, the claim of exemption therein asserted is required to be taken and considered as prima facie correct. Code, § 4170; Robinson v. Ferdon, 200 Ala. 549, 76 South. 907; Smith v. Smith,…
2Cases cited4 opinions
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Land & Rentz v. BoykinSupreme Court of Alabama · 1898
- Robinson v. FerdonSupreme Court of Alabama · 1917
- Smith v. SmithSupreme Court of Alabama · 1917
3Cited by1 opinion
- Warley v. PattersonSupreme Court of Alabama · 1939