Cofer v. Scroggins
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Tried before tbe Hon. H. C. Speake.' Tbis action was begun by an attachment sued out by W. T. L. Cofer against Bobert Jones, and levied on tbe land in controversy. Mary J. Scroggins, defendant’s adopted daugb-ter, filed a declaration of claim of exemption, and in tbe contest of exemption proceedings bad judgment, and plaintiff appeals.
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Appeal from Cullman Circuit Court. Tried before tbe Hon. H. C. Speake.' Tbis action was begun by an attachment sued out by W. T. L. Cofer against Bobert Jones, and levied on tbe land in controversy. Mary J. Scroggins, defendant’s adopted daugb-ter, filed a declaration of claim of exemption, and in tbe contest of exemption proceedings bad judgment, and plaintiff appeals. Tbe evidence on tbe part of tbe plaintiff tended to show tbat on December 3, 1888, tbe plaintiff, W. T. L. Oofer, sued out an attachment against one Bobert Jones on a debt contracted after April, 1873, and the same was levied…
1Opinion of the CourtHaralson, J.
1. The question propounded to tbe defendant, on her examination as a witness, — “State whether *345or not yon were a resident of tbis county and State, and whether you intended to remain so, in December, 1888 ?— contains two inquiries, either of which might have been differently answered. The first, — whether she was a resident of this State, — is a collective fact, (Pollock v. Gantt, 69 Ala. 373; Hood v. Disston, 90 Ala. 379), and was legal and pertinent, as only residents are entitled to exemptions; the second, calling for her intentions was not.—Sternau v. Marx, 58 Ala. 608; Wilson v. Slate,…
2Cases cited13 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Miller v. MarxSupreme Court of Alabama · 1876
- Wilson v. StateSupreme Court of Alabama · 1883
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Abney v. DeLoachSupreme Court of Alabama · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Murphree v. HansonSupreme Court of Alabama · 1916
- Matter of Estate of DodgeColorado Court of Appeals · 1984
- Prince v. PrinceSupreme Court of Alabama · 1914
- McKeown v. ArgetsingerSupreme Court of Minnesota · 1938
- Bynon v. StateSupreme Court of Alabama · 1897
6 more not listed; retrieve them via the Exa API.