Gist v. Lucas
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. Geoege E. Beewee. The proceedings in this case arose upon a contest of a claim of exemptions. The appellee, R. L. Lucas, recovered a judgment against the appellant, Mrs. Minnie H. Gist, who was then Mrs. Minnie Hardy, in the circuit court of Shelby county, and upon this judgment an execution ivas issued and levied upon the property in question.
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Appeal from the Circuit Court of Shelby. Tried before the Hon. Geoege E. Beewee. The proceedings in this case arose upon a contest of a claim of exemptions. The appellee, R. L. Lucas, recovered a judgment against the appellant, Mrs. Minnie H. Gist, who was then Mrs. Minnie Hardy, in the circuit court of Shelby county, and upon this judgment an execution ivas issued and levied upon the property in question. The defendant in the judgment interposed a claim of homestead exemptions to the property so levied upon, and thereupon the plaintiff filed an affidavit contesting the claim of exemptions.…
1Opinion of the CourtTyson, J.
— John Hardy died in 1887 in possession of a homestead leaving surviving him his widow, appellant, and two minor children who continued to reside thereon until and after appellant’s intermarriage with one Gist, her present husband. In 1894, appellant, with her husband and children, went to Washington City where her husband had employment in one of the government departments, and there remained until the summer of 1897, when they returned to Alabama, but not to the lands. During appellant’s stay in Washington she and her husband made regular visits to Alabama each year, and during those visits…
2Cases cited1 opinion
- Blackman v. Moore-Handley Hardware Co.Supreme Court of Alabama · 1894
3Cited by3 opinions
- Bland v. PutmanSupreme Court of Alabama · 1902
- Gowens v. GossSupreme Court of Alabama · 1990
- Montgomery v. HammondSupreme Court of Alabama · 1934