Block v. George
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. This was a motion by Bobert D. George to set aside a sale of certain lands under execution against him, in favor of D. W. Block, which were bought at the sale by Sol. D. Block.
Read the full summary
Appeal from the Circuit Court of Wilcox. Tried before the Hon. John Moore. This was a motion by Bobert D. George to set aside a sale of certain lands under execution against him, in favor of D. W. Block, which were bought at the sale by Sol. D. Block. The execution was issued on the 3d September, 1884, on a judgment for $484.90, which was rendered by the Circuit Court of Wilcox on the 22d April, 1869, in an action commenced on the 14th March, 1869; and that action was founded on the defendant’s promissory note for $383.48, dated January 1st, 1866, and payable on the 1st January, 1867. The…
1Opinion of the CourtClopton, J.
— There are three classes of debts against which homestead exemption is allowed, the character and extent of the exemption being dependent on the time when the debt against which it is claimed was contracted — whether prior to the constitution of 1868; or after it became operative, and before the act of April 23, 1873; or after the passage of the act. There are, also, two modes in which the exemption maybe claimed; and a defendant in execution will be held to have waived his right, if he knowingly permits his property to be levied on and sold, without making a claim of exemption in one of the…
2Cases cited8 opinions
- Clark v. SpencerSupreme Court of Alabama · 1883
- Hines v. DuncanSupreme Court of Alabama · 1885
- Martin v. LileSupreme Court of Alabama · 1879
- McCrary v. Chase & Co.Supreme Court of Alabama · 1882
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Goldsby v. StewartDistrict Court, S.D. Alabama · 1983
- Mitchell v. CorbinSupreme Court of Alabama · 1890
- Clancy v. StephensSupreme Court of Alabama · 1890
- McClarin v. AndersonSupreme Court of Alabama · 1893
- In Re BrowningUnited States Bankruptcy Court, S.D. Alabama · 1981
4 more not listed; retrieve them via the Exa API.