Steiner Bros. v. Berney
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. W. W. Wilkerson. The bill in tliis ease was filed on December 26, 1894, by the appellants, B. Steiner and S. Steiner, partners, doing business under’ the firm name of Steiner Brothers, against the appellees, William Berney and his three daughters, Kebecca Berney, Lizzie Berney and Mary Berney.
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Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. W. W. Wilkerson. The bill in tliis ease was filed on December 26, 1894, by the appellants, B. Steiner and S. Steiner, partners, doing business under’ the firm name of Steiner Brothers, against the appellees, William Berney and his three daughters, Kebecca Berney, Lizzie Berney and Mary Berney. At the time of the filing of the bill, Rebecca Berney, Lizzie Berney and Mary Berney were under 21 years of age, and Henry B. Dill was appointed guardian ad litem of said defendants. It was averred in the bill, in substance, that…
1Opinion of the CourtSharpe, J.
To every resident of this State our statute (Code, § 2033) exempts from liability to; creditors the homestead not to exceed one hundred and sixty •acres or two thousand dollars in value “to the extent of any interest he may have therein whether a fee or less estate.” A vested life estate in property used as a homestead like any other interest which but for the exemption might be subjected to levy and sale under process, may constitute a homestead within the meaning of and is protected by the statute.—Watts v. Gordon, 65 Ala. 546; Tyler v. Jewett, 82 Ala. 93; Winston v. Hodges, 102 Ala. 304.
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2Cases cited9 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Fellows v. LewisSupreme Court of Alabama · 1880
- Tyler v. JewettSupreme Court of Alabama · 1886
- Fuller v. WhitlockSupreme Court of Alabama · 1892
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3Cited by5 opinions
- Majors v. KillianSupreme Court of Alabama · 1935
- Brock Candy Co. v. ElsonSupreme Court of Alabama · 1924
- Franklin v. ComerSupreme Court of Alabama · 1911
- Terry v. SchaefferSupreme Court of Alabama · 1940
- Hamner v. FreemanSupreme Court of Alabama · 1913