Baker v. Keith
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. ¥m. L. Whitlooií. This action was brought by William Balcer, against Eliza Keith, Joseph Keith, Lewis Mallory, and Austin Caldwell, to recover the possession of a tract of land, particularly described in the complaint; and was-commenced on the 7th February, 1880. The land sued for, which contained one hundred and sixty acres, belonged to one John Keith at the time of his death, which occurred on the 15th…
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Appeal from the Circuit Court of Talladega. Tried before the Hon. ¥m. L. Whitlooií. This action was brought by William Balcer, against Eliza Keith, Joseph Keith, Lewis Mallory, and Austin Caldwell, to recover the possession of a tract of land, particularly described in the complaint; and was-commenced on the 7th February, 1880. The land sued for, which contained one hundred and sixty acres, belonged to one John Keith at the time of his death, which occurred on the 15th April, 1876; and each party claimed under him, — the plaintiff as a purchaser at a sale made by his administrator, under an…
1Opinion of the CourtStone, J.
On the 13th day of March, 1876, John Keith executed a note to William Baker, by which he promised to pay him $444.52, one day after date, with interest from January 1st, 1876. The note contained this clause: “And as part of the consideration hereof, I hereby [waive] all right which I may have, under the constitution and laws of Alabama, to have any of the property of the said John Keith exempted from levy and sale under legal process.” The execution of this paper by Mr. Keith was attested by a subscrbing witness; and the question is made, whether this is a waiver of the homestead exemption.…
2Cases cited2 opinions
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Thompson's Administrator v. ThompsonSupreme Court of Alabama · 1874
3Cited by10 opinions
- Chavers v. MayoSupreme Court of Alabama · 1918
- Buchannon v. BuchannonSupreme Court of Alabama · 1929
- O'Daniel v. GaynorSupreme Court of Alabama · 1907
- Kilgore v. KilgoreSupreme Court of Alabama · 1893
- Tharp v. JohnsonSupreme Court of Alabama · 1929
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