Miles v. Lee
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Guntee. • Ejectment by Josephine Lee and others against Yancey Miles. Judgment for plaintiffs, and defendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Guntee. • Ejectment by Josephine Lee and others against Yancey Miles. Judgment for plaintiffs, and defendant appeals. The agreed statement of fact shows that on and prior to the 4th day of August, 1908, Miles Lewis had title to and owned the real estate described and sued for, and jointly with his wife occupied it as a homestead; that Miles Lewis died on the 4th day of August, 1908, intestate, being at that time a resident of the county of Montgomery, state of Alabama, and left surviving him a widow, but no child or children, or the…
1Opinion of the CourtAnderson, J.
Under the statute as it existed in the Code of 1896, § 2071, this coui't has frequently held that when the homestead left by a decedent Avas all of. his real estate, and was less than his homestead exemption in area and value, the title vests absolutely in the widow and minor children, one or both, whether the same is set apart or not.—Faircloth v. Carroll, 137 Ala. 243, 34 South. 182; Dickinson v. Champion, 167 Ala. 613, 52 South. 445; Hodges v. Hodges, 172 Ala. 11, 54 South. 618; Hall v. Hall, 171 Ala. 618, 55 South. 146. Section 2071 of the Code of 1896, as placed in the Code of 1907, §…
2Cases cited6 opinions
- Faircloth v. CarrollSupreme Court of Alabama · 1902
- Hodges v. HodgesSupreme Court of Alabama · 1910
- Dickinson v. ChampionSupreme Court of Alabama · 1910
- Medley v. ShipesSupreme Court of Alabama · 1912
- Hall v. HallSupreme Court of Alabama · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Craig v. RootSupreme Court of Alabama · 1946
- Keenum v. DodsonSupreme Court of Alabama · 1924
- Ratliff v. RatliffSupreme Court of Alabama · 1937
- Buchannon v. BuchannonSupreme Court of Alabama · 1929
- Evans v. EvansSupreme Court of Alabama · 1925
11 more not listed; retrieve them via the Exa API.