Pizzala v. Campbell
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before Hon. J. Q. Smith. The facts appear in the opinion. — The only question in this case is, whether the widow of a decedent without children is entitled to occupy the family residence at the time of the death, as a homestead, which was held under a lease, and not in fee simple.
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Appeal from the Circuit Court of Montgomery. Tried before Hon. J. Q. Smith. The facts appear in the opinion. — The only question in this case is, whether the widow of a decedent without children is entitled to occupy the family residence at the time of the death, as a homestead, which was held under a lease, and not in fee simple. The constitution provides, that “ if the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profits thereof shall inure to her benefit.” — Constitution, Art. 14, § 5. The rented house of the decedent’s residence…
1Opinion of the CourtB. F. Saffold, J.
The appellant was sued in ejectment by the administrator of her husband’s estate, to recover the possession of rooms in a building which he had leased for a year, and which she claimed the right to retain as his homestead, or dwelling house where he resided next before his death, under Article XIY, section 5, of the State constitution, and section 1680 of the Revised Code.
The widow’s quarantine, as given by section 1630 of the Revised Code, pertains exclusively to premises of which she is dowable, else, as she may retain them until her dower is assigned her, if she has no dower there would be…
2Cited by2 opinions
- Winston v. HodgesSupreme Court of Alabama · 1893
- Weber v. ShortSupreme Court of Alabama · 1876