Kaster v. McWilliams
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. John K. Henry. This was a motion by Henry Kaster, against E. C. McWilliams, as the sheriff of said county, for failing to make the money on an execution, when by due diligence it might have been made.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. John K. Henry. This was a motion by Henry Kaster, against E. C. McWilliams, as the sheriff of said county, for failing to make the money on an execution, when by due diligence it might have been made. The execution was founded on a judgment for one hundred and twenty-seven 80-100 dollars, besides costs, which said Henry Kaster recovered in said circuit court, on the 19th April, 1860, against one Daniel McLaughlin; was issued on the 7th August, 1866 ; came to the hands of said McWilliams, as sheriff, on the next day; and was by him…
1Opinion of the CourtA. J. Walker, C. J.
The only question of this ease is, whether a house and lot, not occupied by tbe owner, but rented out, can be exempt from levy and sale. Is the exemption dependent upon the fact, that the family has the place in actual use ? The exemption of real property is for the use of the family, and must be such as may be selected by the head of the family, to include the homestead. We think the statute clearly contemplates that there should be an the actual use by the family. This is demonstrated by the provision that the exemption is for the use of the family — that the retention is for the use of the…
2Cases cited1 opinion
- Allman v. GannSupreme Court of Alabama · 1856
3Cited by12 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Turner v. TurnerSupreme Court of Alabama · 1894
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Murphy v. Hunt, Miller & Co.Supreme Court of Alabama · 1883
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