Long v. Brown
Supreme Court of Alabama
Appeal from Circuit Court', Morgan County; Robt. C. Brickell, Judge. Bill by R. S. Long and others against Malinda Brown and others for the sale of land for division. From a decree sustaining demurrers to the bill, complainants appeal.
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Appeal from Circuit Court', Morgan County; Robt. C. Brickell, Judge. Bill by R. S. Long and others against Malinda Brown and others for the sale of land for division. From a decree sustaining demurrers to the bill, complainants appeal. The bill alleges that S. W. Long died about 17 or 18 years ago, that he was the father of all the complainants and of the two infant respondents, and the husband of Malinda Brown, and that he died seized and possessed of 160 acres of land in Morgan county, Ala.; that he died intestate, find the administration on his estate has long been closed, and there are…
1Opinion of the CourtAnderson, C. J.
[1-3] The bill of complaint shows that the husband and father died in 1902 or 1903; therefore 'the homestead exemption was controlled by the Code of 1896. McDuffie v. Morrisette, 184 Ala. 360, 63 South. 542. From aught that appears from the averments of the bill the 160 acres in question was all the real estate owned by the husband Long at the time of his death, and that it did not exceed $2,000 in value. This being the case, the widow and minor children took the absolute estate under section 2071 of the Code of 1896, whether the same had or had not been set apart. Faircloth v. Carroll, 137…
2Cases cited2 opinions
- Faircloth v. CarrollSupreme Court of Alabama · 1902
- McDuffie v. MorrisetteSupreme Court of Alabama · 1913
3Cited by9 opinions
- Williams v. OvercastSupreme Court of Alabama · 1934
- Wright v. FanninSupreme Court of Alabama · 1934
- Gray v. WeatherfordSupreme Court of Alabama · 1933
- Haynes v. HaynesSupreme Court of Alabama · 1938
- Jones v. HubbardSupreme Court of Alabama · 1922
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