Bailey v. Dunlap Mercantile Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. John C. Anderson, The proceedings in this case were had upon the contest of a claim of homestead exemptions. The suit was instituted by the issuance of an attachment at the instance of the 1). R. Dunlap Mercantile Company against the firm of Bailey & Remley, of which firm J. R. Bailey, the appellant,' was a member.
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Appeal from the Circuit Court of Monroe. Tried before the Hon. John C. Anderson, The proceedings in this case were had upon the contest of a claim of homestead exemptions. The suit was instituted by the issuance of an attachment at the instance of the 1). R. Dunlap Mercantile Company against the firm of Bailey & Remley, of which firm J. R. Bailey, the appellant,' was a member. The attachment was levied upon 80 acres of land, and to the land so levied upon J. R. Bailey filed his claim of homestead exemptions with the sheriff and also filed his claim in the office of the judge of probate of…
1Opinion of the CourtTyson, J.
Contest of a homestead exemption. Under the statute the plaintiffs, contestants, - must sustain the burden of proving that the lands levied upon are subject to the levy. Or if a homestead, that its-value exceeds two thousand dollars. The institution of the suit is the levy in which the plaintiff is the actor. Section 2052 of the Code; McCrary v. Chase, 71 Ala. 540;Kolsky v. Loveman, 97 Ala. 543.
The single issue presented by this contest is whether the land levied upon, at the date of the levy, was the *418homestead of the defendant. The onus upon the trial was, as we have said, upon the…
2Cases cited5 opinions
- Tyler v. JewettSupreme Court of Alabama · 1886
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
- McCrary v. Chase & Co.Supreme Court of Alabama · 1882
- Kolsky v. LovemanSupreme Court of Alabama · 1892
- Griffin v. Chattanooga Southern RailroadSupreme Court of Alabama · 1900
3Cited by15 opinions
- City Council v. WestSupreme Court of Alabama · 1907
- Hill v. First National BankSupreme Court of Florida · 1917
- Clark v. BirdSupreme Court of Alabama · 1908
- Morgan v. BaileySupreme Court of Florida · 1925
- In Re ResterDistrict Court, S.D. Alabama · 1984
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