Miller v. First National Bank
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Bill by Maggie Miller and another against the First National Bank of Birmingham and another to require the payment into court of certain money, and to enjoin its payment to one Williams, or the personal representative of Jennie Forrest, as well as to enjoin said parties from collecting said money. From a decree dismissing the bill, complainants appeal.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Bill by Maggie Miller and another against the First National Bank of Birmingham and another to require the payment into court of certain money, and to enjoin its payment to one Williams, or the personal representative of Jennie Forrest, as well as to enjoin said parties from collecting said money. From a decree dismissing the bill, complainants appeal. One Stephen Forrest died in 1910, leaving a widow and several children by a former marriage, who were of age. In 1912 the widow, Jennie Forrest, filed her petition in the…
1Opinion of the Court
SOMERVILLE, J.—(1) Although there are some decisions to the contrary in other jurisdictions, it must be *480regarded as the settled law of this state that: “Insurance money takes the place in the exemption statute of the property destroyed, and, like it, is also exempt.”— Ellis v. Pratt City, 111 Ala. 629, 20 South. 649, 33 L. R. A. 264, 56 Am. St. Rep. 76.
In that case it was said that: “The reason of the rule is found in the fact that the property has been exempted by law for the use of the exemptor and his family, and he may insure it to> protect himself and them from loss.”
Unquestionably,…
2Cases cited3 opinions
- Chamblee v. ColeSupreme Court of Alabama · 1900
- Singo v. McGheeSupreme Court of Alabama · 1909
- Ellis v. Pratt CitySupreme Court of Alabama · 1895
3Cited by19 opinions
- Williams v. OvercastSupreme Court of Alabama · 1934
- Leddon v. StricklandSupreme Court of Alabama · 1928
- Walker v. HayesSupreme Court of Alabama · 1946
- Alford v. ClaborneSupreme Court of Alabama · 1934
- Bank of Columbia v. McElroySupreme Court of Alabama · 1935
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