Beard v. Johnson
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. Tried before the Hon. Jesse M. Carmichael. This action was brought by JohnM. Beard, against Need-ham G. Johnson, to recover the possession of a tract of land containing 120 acres; and was commenced on the 31st August, 1887. The plaintiff claimed the land as purchaser at a sale under a power in a mortgage executed by the defendant and his wife to J. C. Henderson; and he offered in evidence the mortgage, with its several assignments,…
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Appeal from the Circuit Court of Coffee. Tried before the Hon. Jesse M. Carmichael. This action was brought by JohnM. Beard, against Need-ham G. Johnson, to recover the possession of a tract of land containing 120 acres; and was commenced on the 31st August, 1887. The plaintiff claimed the land as purchaser at a sale under a power in a mortgage executed by the defendant and his wife to J. C. Henderson; and he offered in evidence the mortgage, with its several assignments, and the deed to himself as the purchaser at the sale. The mortgage was dated October 28th, 1884; and the bill of…
1Opinion of the CourtStone, C. J.
Our statute, unlike former legislation in this State, and unlike ohe statutes in many other States, does not confine the exemption of the homestead to the head of the family. Section 2507 of the Code of 1886, following the provision of our constitution, secures this right “to every *731resident of this State.” The plaintiff in this action, Beard, claims the land in controversy, as purchaser at mortgage sale, the mortgage executed by Johnson and wife in 1884. That mortgage Avas executed, acknowledged and certified, in sufficient form to convey lands not a homestead, but not sufficient to convey…
2Cases cited4 opinions
- Tyler v. JewettSupreme Court of Alabama · 1886
- Dicus v. Hall, Hooper & Co.Supreme Court of Alabama · 1887
- Bender v. Meyer & Co.Supreme Court of Alabama · 1876
- Weiner v. SterlingSupreme Court of Alabama · 1878
3Cited by13 opinions
- Turner v. TurnerSupreme Court of Alabama · 1894
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Pace v. WainwrightSupreme Court of Alabama · 1942
- W. T. Rawleigh Co. v. PattersonSupreme Court of Alabama · 1940
- Hill v. Quinlan (In Re Quinlan)United States Bankruptcy Court, M.D. Alabama · 1981
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