Smith Lumber Co. v. Garry
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Action by the Smith Lumber Company against Tony Garry, wherein the Company, as execution creditor, contested defendant’s claim of a homestead exemption. Prom an adverse judgment, the contestant appeals.
1Opinion of the CourtSomerville, J.
This is a contest by an execution creditor of the defendant’s claim of a homestead exemption.
The evidence shows without dispute that the claimant leased his alleged homestead in December, 1917, for a period of three years, and thereupon moved away, and his occupation ceased.
[1] Prior to the statute, any leasing and transfer of the possession of the homestead to another whereby the owner was disabled for a term from returning and occupying it at pleasure was per se an abandonment of the homestead right. Stow v. Lillie, 63 Ala. 257; Boyle v. Shulman, 59 Ala. 566; Scaife v. Argall, 74 Ala. 473.
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2Cases cited5 opinions
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Boyle v. ShulmanSupreme Court of Alabama · 1877
- Scaife v. ArgallSupreme Court of Alabama · 1883
- Pollak v. CaldwellSupreme Court of Alabama · 1891
- Stow v. LillieSupreme Court of Alabama · 1879
3Cited by7 opinions
- Miles v. MilesSupreme Court of Alabama · 1924
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Barber v. BeckettSupreme Court of Alabama · 1949
- Shaddix v. BilbroSupreme Court of Alabama · 1930
- Trapp v. First Nat. BankSupreme Court of Alabama · 1928
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