Legal Opinion

Davis's Adm'rs v. Davis

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 5 opinions

Appeal from the Circuit Court of Shelby. Tried before the Hon. James E, Cobb. This action was brought by the administrators of the estate of Bennett Davis, deceased, against Mrs. Eliza T. Davis, his surviving widow, to recover certain articles of household and kitchen furniture, and other things particularly enumerated in the complaint; and was commenced on the 26th May, 1877. The defendant pleaded “the general issue, in short by consent”; and issue was joined on that plea.

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Appeal from the Circuit Court of Shelby. Tried before the Hon. James E, Cobb. This action was brought by the administrators of the estate of Bennett Davis, deceased, against Mrs. Eliza T. Davis, his surviving widow, to recover certain articles of household and kitchen furniture, and other things particularly enumerated in the complaint; and was commenced on the 26th May, 1877. The defendant pleaded “the general issue, in short by consent”; and issue was joined on that plea. On the trial, the following facts were agreed on : “That the property sued for in this action belonged to the estate of…

1Opinion of the CourtBrio Kell, C. J.

The constitution of 1868, as does the present constitution, exempted from -liability to debts, personal property, to be selected by the owner, not exceeding in value one thousand dollars. The act of February 8th, 1872 (Pamph. Acts 1871-2, p. 9), on the death of the owner, leaving a widow, or a minor child, exempted from administration, for the use and benefit of such widow, or minor child, personal property to the value of one thousand dollars. This .act was repealed by the act of April 23d, 1873 (Pamph. Acts 1872-3, pp. 64-9), which exempted from administration, when *295the owner died leaving a…

2Cases cited1 opinion

  1. Taylor v. PettusSupreme Court of Alabama · 1875

3Cited by5 opinions

  1. Munchus v. HarrisSupreme Court of Alabama · 1881
  2. Hicks v. HugginsCourt of Civil Appeals of Alabama · 1981
  3. McGregor v. McGregorSupreme Court of Alabama · 1947
  4. O'Rear v. JacksonSupreme Court of Alabama · 1899
  5. Skinner v. ChapmanSupreme Court of Alabama · 1884

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