Bell v. Davis
Supreme Court of Alabama
Appeal from Circuit Court of Jackson. Tried before Hon. W. J. Harralson. The plaintiff (appellant in this court) instituted his suit in the court below to recover of the defendant (appellee) two lots in the town of Stevenson, Alabama, on the 81st August, 1860. It appeared on the trial, that the plaintiff having obtained several judgments against the defendant, in a justice’s court, had executions therefrom levied on said lots, then occupied and owned by the defendant, and…
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Appeal from Circuit Court of Jackson. Tried before Hon. W. J. Harralson. The plaintiff (appellant in this court) instituted his suit in the court below to recover of the defendant (appellee) two lots in the town of Stevenson, Alabama, on the 81st August, 1860. It appeared on the trial, that the plaintiff having obtained several judgments against the defendant, in a justice’s court, had executions therefrom levied on said lots, then occupied and owned by the defendant, and having made a motion to the circuit court for the sale of said real property, on the 27th of September, 1859, obtained an…
1Opinion of the Court
A. J. WALKER, C. J.-
-The court below erred in charging the jury, that the title to land does not pass by an execution sale, if the land was exempt, notwithstanding the defendant set up no claim to the exemption until after the sale. We think it very clearly deducible from the home*462stead law, that its benefit is lost if tbe exemption is not brought to the notice of the proper person before the-sale. — (Revised Code, §§ 2880, 2881; Simpson v. Simpson, 30 Ala. 225; Gresham v. Walker, 10 Ala. 270.) The fact that the defendant in execution did not know of the levy can not affect the principle.
Revers…
2Cases cited2 opinions
- Simpson v. SimpsonSupreme Court of Alabama · 1857
- Gayle v. ElliottSupreme Court of Alabama · 1846
3Cited by11 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Clark v. SpencerSupreme Court of Alabama · 1883
- Sherry v. BrownSupreme Court of Alabama · 1880
- Martin v. LileSupreme Court of Alabama · 1879
- Jarrell v. PayneSupreme Court of Alabama · 1884
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