Nolen v. East
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Rill by R. F. East against I. N. Nolen to declare a deed a mortgage, for an accounting and a cancellation on payment of the amount found due, and to call in and cancel a deed from Dmnmway to Nolen, and require Nolen to execute a deed conveying the land to orator. Decree for complainant, and respondent appeals.
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Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Rill by R. F. East against I. N. Nolen to declare a deed a mortgage, for an accounting and a cancellation on payment of the amount found due, and to call in and cancel a deed from Dmnmway to Nolen, and require Nolen to execute a deed conveying the land to orator. Decree for complainant, and respondent appeals. Orator relies upon the following facts: In the year .1902 he contracted with Dunaway to purchase a tract of land from said Dunnaway, which is described, the consideration being-$600, with interest. That, while the…
1Opinion of the CourtAnderson, J.
As has been several times observed by this court in discussing the homestead exemption: *229“The great- controlling purpose and policy of the Constitution is the protection, the preservation of the homestead — the dwelling place — the roof that shelters. The Constitution and statutes -protect it from liability to the payment of debts, and, when the owner is a married man, subject to the restrained alienation. * * * Usually it is accompanied by an estate or interest; but, if it is not, it is the misfortune of the occupant.” — Griffin v. Chattanooga R. R. Co., 127 Ala. 572, 30 South. 524, 85 Am.…
2Cases cited7 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Tyler v. JewettSupreme Court of Alabama · 1886
- Watts v. GordonSupreme Court of Alabama · 1880
- Bailey v. Dunlap Mercantile Co.Supreme Court of Alabama · 1903
- Scott v. Land, Mortgage, Investment & Agency Co., Ltd. of AmericaSupreme Court of Alabama · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lazenby v. LazenbySupreme Court of Alabama · 1934
- Booker v. BookerSupreme Court of Alabama · 1929
- Murphy v. VaughanSupreme Court of Alabama · 1933
- Broughton v. BroughtonSupreme Court of Alabama · 1918
- In Re RutlandUnited States Bankruptcy Court, M.D. Alabama · 2004
1 more not listed; retrieve them via the Exa API.