Williams v. Kilpatrick
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill for specific performance by W. C. Kilpatrick against John N. Williams. From a decree denying the relief prayed, but declaring a vendor’s lien in complainant’s favor, respondent appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill for specific performance by W. C. Kilpatrick against John N. Williams. From a decree denying the relief prayed, but declaring a vendor’s lien in complainant’s favor, respondent appeals. The bill shows, in substance, as follows: Complainant purchased from respondent some time in March, 1911, a certain acre of land then owned by him, for which he paid the agreed price of $50, and of which he was put in possession with the contemporaneous agreement that the respondent would make him a good and sufficient title the following…
1Opinion of the Court
SOMERVILLE, J.(1) When the owner of a homestead which is greater in value than $2,0C0, or in area than 160 acres, sells a- portion thereof, leaving, including the dwelling and land contiguous thereto, the maximum value or area allowed by law for the homestead, this amounts to the selection of a homestead to the exclusion of the alienated tract, and the provisions of the Code (section 4161) with respect to the alienation of homesteads have no application. This proposition does not seem to have been heretofore considered by this or any other court, but its propriety cannot be doubted, and it is…
2Cases cited9 opinions
- Aday v. EcholsSupreme Court of Alabama · 1850
- Jaffrey & Co. v. McGoughSupreme Court of Alabama · 1889
- Irwin v. BaileySupreme Court of Alabama · 1882
- DeGraffenried v. ClarkSupreme Court of Alabama · 1883
- Jones v. GainerSupreme Court of Alabama · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ben Cheeseman Realty Co. v. ThompsonSupreme Court of Alabama · 1927
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Metropolitan Life Ins. Co. v. EstesSupreme Court of Alabama · 1934
- Lauderdale Power Co. v. PerrySupreme Court of Alabama · 1918
- Milton Realty Co. v. WilsonSupreme Court of Alabama · 1926
11 more not listed; retrieve them via the Exa API.