Lehman, Durr & Co. v. Bryan
Supreme Court of Alabama
Homestead Exemption. Appeal from Henry Circuit Court. Heard before Hon. H. D. Clayton. It appears from the record, that on March 9tb, 1876, Lehman, Durr & Co. recovered a judgment against Henry Wechsler, in the Circuit Court of HeDry county, upon which execution was issued and a levy made by the sheriff upon a stock of goods owned by the defendant.
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Homestead Exemption. Appeal from Henry Circuit Court. Heard before Hon. H. D. Clayton. It appears from the record, that on March 9tb, 1876, Lehman, Durr & Co. recovered a judgment against Henry Wechsler, in the Circuit Court of HeDry county, upon which execution was issued and a levy made by the sheriff upon a stock of goods owned by the defendant. This stock of goods was claimed by W. Kelly & Bro., and pending the settlement of their suit, another execution was issued in favor of Lehman, Durr & Co., and levied upon a house and lot, the former borne of Henry Wechsler. The house was then…
1Opinion of the CourtSomeryille, J.
— If the property sued for in this action was the homestead of Henry Wechsler at the date of the deed made by him to his wife, and as such exempted from liability to execution for debts, the conveyance of it, even *559though voluntary, would not be frandulent as to creditors. Such property cannot be the subject of a fraudulent conveyance, for the reason that the rights of no creditor can be prejudiced by it.' — Fellows’ Adm’r v. Lewis, MSS.; Bump on Fraud. Con. p. 268; Thomp. on Homesteads, §§ 411-12.
The practical question presented for our decision is, do the facts stated show an abandonment of…
2Cases cited8 opinions
- McMillan v. PeacockSupreme Court of Alabama · 1876
- McConnaughy v. BaxterSupreme Court of Alabama · 1876
- Boyle v. ShulmanSupreme Court of Alabama · 1877
- Kaster v. McWilliamsSupreme Court of Alabama · 1867
- Gamble v. Gamble's Adm'r.Supreme Court of Alabama · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Ex Parte WeissingerSupreme Court of Alabama · 1945
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Fuller v. WhitlockSupreme Court of Alabama · 1892
- Caldwell v. PollakSupreme Court of Alabama · 1890
- Alley v. DanielSupreme Court of Alabama · 1883
22 more not listed; retrieve them via the Exa API.