Williams v. Bowden
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before lion. John P. Hubbard. M. J. Bowden and J. E. Parish, the appellees, having obtained a judgment against S. A. 'Williams and H. Williams, the appellants, for two hundred dollars, for a failure on their part to enter satisfaction upon the margin of the record of a mortgage, being the penalty prescribed by section 2223 of the Code of 1876, caused an execution to be issued thereon on the 29th of November, 1880, which was levied on the…
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Appeal from Pike Circuit Court. Tried before lion. John P. Hubbard. M. J. Bowden and J. E. Parish, the appellees, having obtained a judgment against S. A. 'Williams and H. Williams, the appellants, for two hundred dollars, for a failure on their part to enter satisfaction upon the margin of the record of a mortgage, being the penalty prescribed by section 2223 of the Code of 1876, caused an execution to be issued thereon on the 29th of November, 1880, which was levied on the respective homesteads of the appellants. They having separately claimed their homesteads as exempt, the execution was…
1Opinion of the CourtStone, J.
The judgment, which is the foundation of the proceedings in these cases, was rendered on a penalty, and not on a “ debt contracted.” Our constitutional provision, and stat*434utory exemption, do not embrace sucb a claim as this.' — Meredith, v. Holmes, 68 Ala. 190; Thompson on Homestead, §§380 to 383; Code of 1876, § 2820.
Affirmed.
2Cases cited1 opinion
- Meredith v. HolmesSupreme Court of Alabama · 1880
3Cited by16 opinions
- Brun v. MannCourt of Appeals for the Eighth Circuit · 1906
- Schuessler v. DudleySupreme Court of Alabama · 1886
- Ginn v. HardySupreme Court of Alabama · 1900
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
- McLaren v. AndersonSupreme Court of Alabama · 1886
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