Ex Parte Pielach

Josefa Terry sued Janet Terry Pielach and her husband Frank S. Pielach, alleging that a property conveyance from Josefa's now deceased husband, Grady L. Terry, to Janet and Frank was void under § 6-10-3, Ala. Code 1975. After ore tenus proceedings, the trial court held that the conveyance was not void under § 6-10-3, because, it held, Josefa had abandoned her homestead interest in the property. The Court of Civil Appeals disregarded the facts found by the trial judge in the ore tenus proceedings and reversed, holding for Josefa. See Terry v.Pielach, 681 So.2d 152 (Ala.Civ.App. 1995). We…