Peevey v. Cabaniss
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham. The original bill in this case was filed on the 31st July, 1871, by Andrew J. Wood, against Robert W. Peevey and his wife, Lou B. Peevey; and prayed an equitable attachment against a tract of land particularly described, the legal title to which was in Mrs. Peevey’s name, and that the land might be subjected to the payment of a debt, for which complainant was bound as the surety of said Robert W.…
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Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham. The original bill in this case was filed on the 31st July, 1871, by Andrew J. Wood, against Robert W. Peevey and his wife, Lou B. Peevey; and prayed an equitable attachment against a tract of land particularly described, the legal title to which was in Mrs. Peevey’s name, and that the land might be subjected to the payment of a debt, for which complainant was bound as the surety of said Robert W. Peevey. The debt was due to S. D. Cabaniss, as the executor of the last will and testament of Samuel Townsend; was…
1Opinion of the CourtSomeryille, J.
The case of Smith’s Executor v. Cockrell, decided by this court at the last term (66 Ala. 64), is conclusive against the appellants, on the main questions raised by the assignments of error.
It had frequently been decided before that case, and the principle was there re-affirmed, and may now be considered as settled law, that the right of homestead exemption, as against creditors, is to be determined by the statutes which were in existence when the debt in the given case was created or contracted.—Fearn v. Wand, adm’r, 65 Ala. 33; Nelson v. McCreary, 60 Ala. 301,
It was further decided, as we…
2Cases cited5 opinions
- Davis v. StateSupreme Court of Alabama · 1880
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Nelson v. McCrarySupreme Court of Alabama · 1877
- Fearn v. WardSupreme Court of Alabama · 1880
3Cited by9 opinions
- Reed v. BrunsonSupreme Court of Alabama · 1988
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Harris v. MooreSupreme Court of Alabama · 1882
- Kirkland v. TrottSupreme Court of Alabama · 1883
- Harsh v. WaldSupreme Court of Alabama · 1921
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