Buchannon v. Buchannon

The appeal is from the decree of the probate court setting apart homestead exemption to a widow and minor children under Code, § 7948.

A motion is made to strike the bill of exceptions on the ground that it was not presented within the time required by law..

While it purports to be so presented and signed, the affidavit of the judge signing the same shows it was not presented nor signed within time, but was dated back.

Such fact may be shown by affidavit filed in this court in support of the motion. Johnson v. Frix, 177 Ala. 251, 58 So. 427; Buck Creek Lumber Co. v. Nelson, 188 Ala. 243, 66 So.…