Wagnon v. Keenan
Supreme Court of Alabama
Action on Promissory Note, by Assignee against Maher. Appeal from the Circuit Court of Colbert. The record does not show the name of the presiding judge.
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Action on Promissory Note, by Assignee against Maher. Appeal from the Circuit Court of Colbert. The record does not show the name of the presiding judge. This action was brought by James E. Keenan, against John Wagnon, and was commenced on the 12th February, 1884. The cause of action, as set out in the original complaint, was a “waive note” executed by the defendant, dated the 4th February, 1878, and payable one day after date, to Keenan & Co.; but, in the amended complaint, a count was added on another note under seal, signed by the defendant and one A. J. Wag-non, dated March 21st, 1879,…
1Opinion of the Court
CLOPTON, J.'
The waiver of of exemptions in the bond sued on extends, in terms, to real and personal property. As a waiver of the homestead, it is inoperative, by reason of the mandatory provision of the statute, that when the waiver relates to realty, it shall be made by a separate instrument in writing. This, however, does not render the entire waiver invalid and inoperative. If the waiver clause in the bond can not operate to the extent designed by the parties, it must be made to operate as far as possible to effectuate their intention. The clause is operative as a waiver of the exemptions…
2Cases cited3 opinions
- Terrell & Vincent v. Hurst, Miller & Co.Supreme Court of Alabama · 1884
- Neely v. HenrySupreme Court of Alabama · 1879
- Brown v. LeitchSupreme Court of Alabama · 1877
3Cited by4 opinions
- Edwards v. DavenportAlabama Court of Appeals · 1914
- Mid-State Homes, Inc. v. PeoplesAlabama Court of Appeals · 1963
- Mann v. HyamsSupreme Court of Alabama · 1893
- Holland v. BerganSupreme Court of Alabama · 1889