Keel v. Larkin
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the lion. H. O. Speaice. . This was a contest as to the right to a homestead exemption in lands, between William R. Larkin, plaintiff in execution-against Lemuel G. Mead, deceased, and Mrs. Mary E. Mead, his widow (now the wife of C. C. Keel), and her two infant children, as claimants.
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Appeal from the Circuit Court of Jackson. Tried before the lion. H. O. Speaice. . This was a contest as to the right to a homestead exemption in lands, between William R. Larkin, plaintiff in execution-against Lemuel G. Mead, deceased, and Mrs. Mary E. Mead, his widow (now the wife of C. C. Keel), and her two infant children, as claimants. The case was before this court, on a former appeal, at its December term, 1880, when the judgment ■of the Circuit Court was reversed, and the cause was remanded. Mead v. larhin, 66 Ala. 87. The tract of land claimed contained about one hundred and forty…
1Opinion of the CourtSomeryille, J.
A contingent liability is as fully protected against fraudulent and voluntary conveyances, as a claim which is certain and absolute; and, as often decided, one whose claim accrued from a contract in existence at the time such conveyance is made, is a creditor within the meaning of tlie statute of frauds.”—Fearn v. Ward, 65 Ala. 33; Bibb v. Freeman, 59 Ala. 612; Jenkins v. Lockard's Adm'r, 66 Ala. 377; Brandt on Sur. § 258. The rights of the surety, or other contingent promisor, are regarded, for many purposes, as commensurate in point of time with the date of the suretyship, and not with the…
2Cases cited23 opinions
- Gunn v. BarrySupreme Court of the United States · 1873
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Key v. JonesSupreme Court of Alabama · 1875
- Bibb v. FreemanSupreme Court of Alabama · 1877
- Dargan v. WaringSupreme Court of Alabama · 1847
18 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Fearn v. WardSupreme Court of Alabama · 1886
- Goodlett v. KellySupreme Court of Alabama · 1883
- Bragg v. PattersonSupreme Court of Alabama · 1887
32 more not listed; retrieve them via the Exa API.