Hodges v. Winston
Supreme Court of Alabama
Appeal from tbe Circuit Court of Marshall. Tried before tbe Hon. John B. Tally. Tbis action was brought by John G. Winston against Mrs. A. Sbubert, tenant in possession, to recover two small tracts of land, one containing 40 acres, and tbe other 55 acres; and was commenced on tbe 3d December, 1889. Tbe plaintiff claimed as a purchaser at sheriff’s sale, under a judgment and execution against James G. Coleman; and be produced bis judgment, execution, and sheriff’s deed, wbicb…
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Appeal from tbe Circuit Court of Marshall. Tried before tbe Hon. John B. Tally. Tbis action was brought by John G. Winston against Mrs. A. Sbubert, tenant in possession, to recover two small tracts of land, one containing 40 acres, and tbe other 55 acres; and was commenced on tbe 3d December, 1889. Tbe plaintiff claimed as a purchaser at sheriff’s sale, under a judgment and execution against James G. Coleman; and be produced bis judgment, execution, and sheriff’s deed, wbicb showed that the judgment was rendered on the 23d February, 1885, the execution levied on tbe land on tbe 24th…
1Opinion of the CourtWalker, J.
The two parcels of land involved in this suit are not contiguous. The house in which James Gr. Coleman, the judgment-debtor, lived with his family, was on the forty-acre tract. In connection with this tract he used the other tract containing fifty-five acres, cultivating it every year, and getting from it a support for his family. The aggregate value of the two tract's was less than two thousand dollars. They were occupied and Cultivated in connection with each other, and were used as a common source of family support. Together they cotild constitute a homestead. — Dicus v. Hall, 83 Ala. 159.…
2Cases cited4 opinions
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Griffith v. VentressSupreme Court of Alabama · 1890
- Hill's Adm'r v. Huckabee's Adm'rSupreme Court of Alabama · 1881
- Dicus v. Hall, Hooper & Co.Supreme Court of Alabama · 1887
3Cited by44 opinions
- State ex rel. Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1906
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Tindall v. PetersonNebraska Supreme Court · 1904
- Bromberg v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Maryland Casualty Co. v. DupreeSupreme Court of Alabama · 1931
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