Headen v. Headen
Supreme Court of Alabama
Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Bill by Andrew Headen against Nannie Headen and others for the sale of land for partition. From a decree overruling a motion to strike certain pleas filed by the defendant, and holding said pleas sufficient, plaintiff' appeals. Plea 1 was bad and should have been stricken. 1st because no notice was given of the proceedings to set apart the widow’s exemptions. — Sec. 7, Const. 1876.; 14 Amend. Const.
Read the full summary
Appeal from Talladega City Court. Heard before Hon. G. K. Miller. Bill by Andrew Headen against Nannie Headen and others for the sale of land for partition. From a decree overruling a motion to strike certain pleas filed by the defendant, and holding said pleas sufficient, plaintiff' appeals. Plea 1 was bad and should have been stricken. 1st because no notice was given of the proceedings to set apart the widow’s exemptions. — Sec. 7, Const. 1876.; 14 Amend. Const. U. S. 2nd, because the Probate court had no authority to set apart the. same in fee simple. — Cotton v. Holloway, 96 Ala. 544.…
1Opinion of the CourtSomerville, J.
The appellant, Andrew J. Headen, filed his bill in the court below, averring that he owned an undivided .one-fourth interest in certain property described therein, jointly with Nannie Headen, and praying for a sale of the same for distribution among the owners. The respondents Nannie Headen and Kate Cunningham filed their answer denying that complainant owned any interest in the property; and filed also a number of special pleas.
Plea 1 avers that the property in question was owned, and occupied as a homestead by Ambrose Headen, the *524father of complainant and respondents, who died on February…
2Cases cited8 opinions
- King v. Kent's HeirsSupreme Court of Alabama · 1857
- Singo v. McGheeSupreme Court of Alabama · 1909
- Faircloth v. CarrollSupreme Court of Alabama · 1902
- Lang v. PhillipsSupreme Court of Alabama · 1855
- Thacker v. MorrisSupreme Court of Alabama · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hogan v. ScottSupreme Court of Alabama · 1914
- Chamboredon v. FayetSupreme Court of Alabama · 1912
- Lester v. StroudSupreme Court of Alabama · 1925
- Cassady v. DavisSupreme Court of Alabama · 1943
- Jones v. StokesSupreme Court of Alabama · 1912
12 more not listed; retrieve them via the Exa API.