Schuer & Bro. v. King
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. On the trial the defendant pleaded the general issue, and also interposed a motion, which he had entered on the motion docket, to set aside the execution sale and deed made by the sheriff, under which plaintiffs claimed title, on the ground that the property levied on was his homestead, and that after the levy and before the sale thereunder, he filed a verified claim of exemption, which was…
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. On the trial the defendant pleaded the general issue, and also interposed a motion, which he had entered on the motion docket, to set aside the execution sale and deed made by the sheriff, under which plaintiffs claimed title, on the ground that the property levied on was his homestead, and that after the levy and before the sale thereunder, he filed a verified claim of exemption, which was disregarded by the sheriff. The plaintiffs moved the court to strike the motion from the docket, because it came too late…
1Opinion of the Court
STONE, O. J.
Schuer & Brother brought a statutory real action against King for the recovery of the land in controA'ersy. Their title rested on a money judgment recovered by them against King and one H. W. Day, execution issued thereon, leAry on the lands sued for, sale by the sheriff, and purchase by Schuer & Bro. at the sheriff’s sale. They produced also the sheriffs deed, conveying the title of the land to them. This constituted plaintiffs’ title. The defense Avas that the lands were the homestead of defendant King, and that he had interposed his claim of homestead exemption before the lands…
2Cases cited11 opinions
- Clark v. SpencerSupreme Court of Alabama · 1883
- Randolph v. LittleSupreme Court of Alabama · 1878
- McLaren v. AndersonSupreme Court of Alabama · 1886
- Lamson v. FallsIndiana Supreme Court · 1855
- Martin v. LileSupreme Court of Alabama · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ex parte Arvest BankSupreme Court of Alabama · 2016
- Smith v. SmithSupreme Court of Alabama · 1917
- Smith v. SmithSupreme Court of Alabama · 1917
- Smith v. SmithSupreme Court of Alabama · 1917
- Smith v. SmithSupreme Court of Alabama · 1917