Rottenberry v. Pipes
Supreme Court of Alabama
Appeal from Probate Court of Limestone. The appellee, Angelina Pipes, formerly McGuire, filed her petition in the probate court on the 6th day of October, 1873, praying that she and two minor children be allowed a homestead, to the value of $500, in certain lands which belonged to her deceased husband.
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Appeal from Probate Court of Limestone. The appellee, Angelina Pipes, formerly McGuire, filed her petition in the probate court on the 6th day of October, 1873, praying that she and two minor children be allowed a homestead, to the value of $500, in certain lands which belonged to her deceased husband. The petition states that McGuire, the husband of petitioner, died intestate in the county “some time in the year 1866,” seized and possessed of certain lands, leaving petitioner, his widow, and two minor children; that his administrator sold all his lands for the payment of debts, “without…
1Opinion of the CourtBrickell, C. J.
The husband of the appellee died in 1866, and his real estate was sold by his administrator on the 28th October, 1867, under an order of the court of probate, for the payment of his debts, granted on the 12th of August, 1867. The right of the appellee to an exemption of property, real or personal, from liability for debts of the *449husband, depends on the law of force at the time of the death of the husband. Taylor v. Pettus, 52 Ala. 287. The Revised Code did not become operative as the law of the State until December 1st, 1867. R. C. p. IV, sections 6, 7, 8, 9, p. 960.
The Code of 1853, § 1738,…
2Cases cited2 opinions
- Bell v. DavisSupreme Court of Alabama · 1868
- Taylor v. PettusSupreme Court of Alabama · 1875
3Cited by9 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Showers v. RobinsonMichigan Supreme Court · 1880
- McCloy & Trotter v. ArnettSupreme Court of Arkansas · 1886
- Armor v. LewisSupreme Court of Missouri · 1913
- Munchus v. HarrisSupreme Court of Alabama · 1881
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