Johnson v. State
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County; Robert C. Brickell, Judge. Bill by the State of Alabama to condemn certain lands because used in distilling prohibited liquors. Seab Johnson appeared as claimant and filed answer, and from a decree condemning the lands, he appealed.
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Appeal from Circuit Court, Cullman County; Robert C. Brickell, Judge. Bill by the State of Alabama to condemn certain lands because used in distilling prohibited liquors. Seab Johnson appeared as claimant and filed answer, and from a decree condemning the lands, he appealed. The land constitutes the homestead, had not been alienated, and may not be decreed to be sold without violating section 205. Const. 1901. 201 Ala. 112, 77 South. 406-; 203 Ala. 441, S3 South. 324 ; 204 Ala. 108, 85 South. 382; (C. C.) 25 Fed. 367. The authorities cited by complainant show that his contentions are not…
1Opinion of the CourtMiller, J.
This bill of complaint seeks to condemn and have forfeited to the state and sold the N. % of S. E. % of N. E. % of section 2, township 10, range 3, containing 20 acres, except a strip of 20 feet wide off the west end for a road, in Cullman county, Ala. It alleges the defendant owned said land and was operating a still and making liquor thereon in April, 1919.
The defendant, Seab Johnson, filed answer denying the allegation of the bill of complaint.
The evidence showed defendant owned the 20 acres of land and a copper still, which he had in operation in April, 1919, making liquor in a cellar on…
2Cases cited2 opinions
- Dobbins's Distillery v. United StatesSupreme Court of the United States · 1878
- House & Lot v. State Ex Rel. PattersonSupreme Court of Alabama · 1920
3Cited by3 opinions
- Rickmam v. CommonwealthCourt of Appeals of Kentucky · 1924
- Conner v. State Ex Rel. PerrySupreme Court of Alabama · 1924
- Crews v. State Ex Rel. PattersonSupreme Court of Alabama · 1923