Banks v. Speers
Supreme Court of Alabama
Appeal from 'Walker Circuit Court. Tried before Hon. James B. Head. insisted that the judgments were conclusive evidence of assets in the administrators bands, citing Grimmett v. Henderson, 66 Ala. 521; Kyle v. May, 22 Ala. 692; tbat a conveyance of the homestead was not an abandonment: Plummer v. White, 101 111. 474; Miller v. Finegan, 7 So. Rep. 140. in reply, insisted that the judgments were not conclusive except as between the parties, citing 2 Brick.
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Appeal from 'Walker Circuit Court. Tried before Hon. James B. Head. insisted that the judgments were conclusive evidence of assets in the administrators bands, citing Grimmett v. Henderson, 66 Ala. 521; Kyle v. May, 22 Ala. 692; tbat a conveyance of the homestead was not an abandonment: Plummer v. White, 101 111. 474; Miller v. Finegan, 7 So. Rep. 140. in reply, insisted that the judgments were not conclusive except as between the parties, citing 2 Brick. Dig. p. 148, 3 lb. p. 236; Masterson v. Pullen, 62 Ala. 145.
1Opinion of the CourtStone, C. J.
— This is a statutory real action, brought by Speers as administrator de bonis non of M. D. Burchfield, deceased, to recover of William Banks et al. lots 7 and 8 in the town of Jasper, Walker county. The plaintiff recovered and Banks appeals.
*561In the spring of 1886, M. D. Burchfield died, having a family consisting of a wife and children, two of the latter ¡being minors. He with his family resided on the lots in controversy, having his homestead there. The lots with their improvements at that time, and during all that year, were worth less than two thousand dollars. On the 20th day of July,…
2Cases cited22 opinions
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3Cited by33 opinions
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