Garrett v. Jones
Supreme Court of Alabama
Appeal from tlie Circuit Court of Tallapoosa. Tried before tlie Hon. J. It. Dowdell. Tlie appellants in this case having obtained a judgment on the 17th September, 1890, against L. D. Jones, an execution thereon was levied by the sheriff, October 8th, 1890, as shown by his return, “on one business house and lot in the town of Camp Hill, known as the L. D. Jones Bar-room’, bounded as follows,” &c.
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Appeal from tlie Circuit Court of Tallapoosa. Tried before tlie Hon. J. It. Dowdell. Tlie appellants in this case having obtained a judgment on the 17th September, 1890, against L. D. Jones, an execution thereon was levied by the sheriff, October 8th, 1890, as shown by his return, “on one business house and lot in the town of Camp Hill, known as the L. D. Jones Bar-room’, bounded as follows,” &c. The defendant interposed a claim of exemption to the house and lot as his homestead, describing it as “one storehouse and lot in the town of Camp Hill, known as the ‘L. D. Jones Bar-room,’ bounded as…
1Opinion of the CourtMcCLELLAN, J.
Whether the house and lot involved in this case constitutes the homestead of the defendant Jones, depends upon the character of the building, and the uses to which it is adapted and to which it was devoted. The purposes for which it was erected by Jones, the fact that it was built by him “to be used as his home and residence, and for a business house,” can exert no influence in determining whether it was “a home and residence” now that it has for long been a completed structure and subjected to whatever occupancy was originally contemplated by the claimant. Its Hiatus, as being a homestead or…
2Cases cited5 opinions
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- Ackley & Dana v. ChamberlainCalifornia Supreme Court · 1860
- Laughlin v. WrightCalifornia Supreme Court · 1883
- Goldman v. ClarkNevada Supreme Court · 1865
- Philleo v. SmalleyTexas Supreme Court · 1859
3Cited by13 opinions
- Sargeant v. SargeantTexas Supreme Court · 1929
- Smith v. Guckenheimer & SonsSupreme Court of Florida · 1900
- White v. WilliamsSupreme Court of Alabama · 1954
- Griffin v. AyersSupreme Court of Alabama · 1936
- Hodges v. HodgesSupreme Court of Alabama · 1918
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