Chambers v. McPhaul
Supreme Court of Alabama
Appeal from tbe Probate Court of Jefferson. Heard before tbe Hon. John C. Moebow. In tbe matter of tbe petition of Mrs. S. A. Chambers, tbe widow of J. G. Chambers, deceased, for tbe allotment of a homestead for herself and her two infant children, in a certain town lot in Birmingham; which was contested by the administrator and certain creditors of the deceased.
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Appeal from tbe Probate Court of Jefferson. Heard before tbe Hon. John C. Moebow. In tbe matter of tbe petition of Mrs. S. A. Chambers, tbe widow of J. G. Chambers, deceased, for tbe allotment of a homestead for herself and her two infant children, in a certain town lot in Birmingham; which was contested by the administrator and certain creditors of the deceased. The case was submitted to the decision of the probate judge, on the following agreed facts: “ Said J. G. Chambers departed this life in July, 1873, leaving his widow, the petitioner, and two minor children under ten years of age; and…
1Opinion of the Court
MANNING, J. —
The only provisions of law that secure to *368the family of a deceased person, or to bis widow or children, a homestead right, are contained in sections 2, 3 and 5 of article X in the present constitution (the same as sections 2, 3 and 5 of article XIY of the constitution of 1868), or in the “act to regulate property exempted from sale for the payment of debts,” approved April 23, 1873;” at least, these are the only enactments which are applicable to the case now before us.
Whatever doubts and ambiguity may be created by the language in section 2 of those articles, concerning the…
2Cases cited1 opinion
- Kaster v. McWilliamsSupreme Court of Alabama · 1867
3Cited by10 opinions
- Blum v. CarterSupreme Court of Alabama · 1879
- Garner v. BondSupreme Court of Alabama · 1878
- Horn v. GatesNebraska Supreme Court · 1952
- State Ex Rel. Davis v. Crane Co.Alabama Court of Appeals · 1921
- Lee v. LeeSupreme Court of Alabama · 1884
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