Legal Opinion

Wright v. Jones

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 6 opinions

Appeal from the Circuit Court of Crenshaw. Tried before the Hon. John B. Tyson. On February 23, 1891, the appellee, Elizabeth Jones, brought an action of trover against “Curtis & Wright, defendants.’ ’ Judgment was rendered in this action for the plaintiff, and execution was regularly issued thereon, and placed in the hands of the sheriff.

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Appeal from the Circuit Court of Crenshaw. Tried before the Hon. John B. Tyson. On February 23, 1891, the appellee, Elizabeth Jones, brought an action of trover against “Curtis & Wright, defendants.’ ’ Judgment was rendered in this action for the plaintiff, and execution was regularly issued thereon, and placed in the hands of the sheriff. Upon the levy of this execution, upon, •' ‘ one house and lot in the town of Luverne, Alabama, as the property of T. R. Wright,” the said Wright filed with the sheriff his claim of exemption to the house and lot levied upon, as his homestead. The plaintiff…

1Opinion of the CourtBriceell, C. J.

The appeal is taken from the judgment rendered against the appellant on the contest of the claim that his homestead was not subject to. levy and sale under the execution in favor of the appellee. *541The contest was in form,'and in its essential nature, an adversary suit, and judgment therein rendered, was a final judgment from which an appeal will lie. The transcript which may properly be certified on the appeal to this court is of the record of the proceedings in the course of the contest. The record of other direct or collateral proceedings had between the same parties, though they may concern…

2Cases cited3 opinions

  1. Meredith v. HolmesSupreme Court of Alabama · 1880
  2. Vincent v. StateSupreme Court of Alabama · 1883
  3. Cantley & Co. v. MoodySupreme Court of Alabama · 1838

3Cited by6 opinions

  1. Ginn v. HardySupreme Court of Alabama · 1900
  2. First Nat'l Bank of Miami v. BebingerSupreme Court of Florida · 1930
  3. Randolph v. BrownSupreme Court of Alabama · 1896
  4. Huckabee v. StephensAlabama Court of Appeals · 1940
  5. Harris v. JenkinsSupreme Court of Alabama · 1956

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