Legal Opinion

Henderson's Adm'r v. Tucker

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 8 opinions

Appeal from the Chancery Court of Monroe. Heard before the Hon. John A. Foster. The bill in this case was filed on the 31st July, 1879, by John W. Leslie, as the administrator ■ de bonis non of the estate of Mrs. Mary Jane Henderson, deceased, against James H. Tucker, as the administrator of the estate of Willis R. Henderson, deceased, and several other persons.as heirs at law of said Willis R. Henderson; and sought to charge the lands and personal •assets, in the hands of…

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Appeal from the Chancery Court of Monroe. Heard before the Hon. John A. Foster. The bill in this case was filed on the 31st July, 1879, by John W. Leslie, as the administrator ■ de bonis non of the estate of Mrs. Mary Jane Henderson, deceased, against James H. Tucker, as the administrator of the estate of Willis R. Henderson, deceased, and several other persons.as heirs at law of said Willis R. Henderson; and sought to charge the lands and personal •assets, in the hands of the defendants as snch administrator and heirs, with the proceeds of sale of certain personal property, which belonged to…

1Opinion of the CourtStone, J.

The right of exemption claimed in this case is controlled by the act approved April 23d, 1873.—Pamph. Acts,, 64; Tucker v. Henderson, 63 Ala. 280. The first section of that statute provides, “that the personal property of any resident of this State, to the value of one thousand dollars, to be selected by such resident, shall be exempted from levy and sale under execution, or other process for the collection of debt.” Section 3 declares, that “ personal property to the value of one thousand dollars, of any resident of this State, after his death, shall be exempt from the payment of debts;…

2Cases cited5 opinions

  1. Gresham v. WalkerSupreme Court of Alabama · 1846
  2. Martin v. LileSupreme Court of Alabama · 1879
  3. Simpson v. SimpsonSupreme Court of Alabama · 1857
  4. Bell v. DavisSupreme Court of Alabama · 1868
  5. Tucker v. Henderson's Adm'rSupreme Court of Alabama · 1879

3Cited by8 opinions

  1. Mitcham v. MooreSupreme Court of Alabama · 1883
  2. Chamboredon v. FayetSupreme Court of Alabama · 1912
  3. Jarrell v. PayneSupreme Court of Alabama · 1884
  4. Hardin v. PulleySupreme Court of Alabama · 1885
  5. Little v. McPhersonSupreme Court of Alabama · 1884

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