Legal Opinion · Dissent

People's Bank v. Barrow Wiggins

Supreme Court of Alabama

Decided November 9, 1922No. 4 Div. 11Published

1DissentMcOLELLAN, J.

Under the ■evidence in the record, the case is ruled by the sound, logical pronouncement in Tillis v. Dean, 118 Ala. 645, 28 South. 804, decided in 1898. There was no disagreement to its doctrine among the exceptionally able justices forming the court’s judgment. The homestead exemption statutes have not been since so changed as to modify or to avoid its doctrine. It is well settled, and is so conceded in brief for appellant, that the voluntary sale of land constituting, as here, the homestead effects to convert the real estate into personalty, whereupon the homestead exemption is waived and…

2Cases cited9 opinions

  1. Giddens v. WilliamsonSupreme Court of Alabama · 1880
  2. Wygant v. SmithNew York Supreme Court · 1869
  3. Fowler v. WilliamsonSupreme Court of Alabama · 1875
  4. Friedlander v. MahoneySupreme Court of Iowa · 1871
  5. Chisolm v. Chisolm's ExecutorsSupreme Court of Alabama · 1867

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