Coffey v. Joseph
Supreme Court of Alabama
Appeal from the Probate Court of Jackson. The record in this case shows that, on the 13th June, 1881, Mrs. Polly Ann Joseph, as the widow of Julius Joseph, deceased, filed her petition in said Probate Court, asking that a parcel of land in the town of Stevenson, containing about eight acres, and alleged to be of the value of about $300, of which her said husband died seized and possessed, be set off and allotted to her and her minor children as their homestead exemption ;…
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Appeal from the Probate Court of Jackson. The record in this case shows that, on the 13th June, 1881, Mrs. Polly Ann Joseph, as the widow of Julius Joseph, deceased, filed her petition in said Probate Court, asking that a parcel of land in the town of Stevenson, containing about eight acres, and alleged to be of the value of about $300, of which her said husband died seized and possessed, be set off and allotted to her and her minor children as their homestead exemption ; that the petition came on for hearing on the 22d July, 1881, when the court appointed three commissioners to set apart and…
1Opinion of the CourtBbickell, C. J.
— The appeal must be dismissed. The only judgment or decree found in the record, having any of the properties of a final judgment or decree, is the judgment of the Circuit Court rendered on the contest of the right of homestead claimed by the widow and minor children, certified from the Court of Probate. That judgment, the statute (Code of 1876, § 2841) seems to intend, shall not be the subject of an appeal, but that an appeal shall lie only from the decree rendered in the Court of Probate, on the subsequent proceedings which it is contemplated shall be had. If such proceedings were had, and…
2Cases cited1 opinion
- Weber v. ShortSupreme Court of Alabama · 1876
3Cited by6 opinions
- Bell v. BellSupreme Court of Alabama · 1887
- Tarman v. PierceSupreme Court of Oklahoma · 1934
- Cox v. BridgesSupreme Court of Alabama · 1887
- Howton v. HowtonSupreme Court of Alabama · 1947
- Howton v. HowtonSupreme Court of Alabama · 1947
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