Murphy v. Hunt, Miller & Co.
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Tried before Hon. James E. Cobb. ITurst, Murphy & Co., the appellees, having, at the spring term, 1883, of said court, recovered a judgment against the appellant, J. IT. Murphy, caused an execution issuing thereon to be levied on a designated lot in the town of LaEayette.
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Appeal from Chambers Circuit Court. Tried before Hon. James E. Cobb. ITurst, Murphy & Co., the appellees, having, at the spring term, 1883, of said court, recovered a judgment against the appellant, J. IT. Murphy, caused an execution issuing thereon to be levied on a designated lot in the town of LaEayette. After the levy the appellant lodged with the sheriff a claim to the lot as exempt to him as a homestead, in pursuance of section 2834 of the Code of 18T6. This claim was contested by the ap-pellees ; and the contest was tried on an issue “ made up and joined under the direction of the…
1Opinion of the CourtSomeryille, J.
The right to a homestead or other exemption, which is conferred by the Constitution and the statute laws of this State, must be determined according to the state of facts existing at the time when the lien of execution or other process against the claimant attaches. If the right does not exist at this particular time, it can not be created by any subsequent act of the execution debtor. If, therefore, the claimant was a non-resident of the State at the time of the levy of the appellees’ writ of attachment, it is manifest that his subsequent removal back to the State from Texas, could not…
2Cases cited13 opinions
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Talmadge's Adm'r v. TalmadgeSupreme Court of Alabama · 1880
- McConnaughy v. BaxterSupreme Court of Alabama · 1876
- State v. HallettSupreme Court of Alabama · 1845
- Boyle v. ShulmanSupreme Court of Alabama · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Mitchell v. KinneySupreme Court of Alabama · 1942
- Sheehan v. ScottCalifornia Supreme Court · 1905
- Nora v. NoraSupreme Court of Alabama · 1986
- Caheen v. CaheenSupreme Court of Alabama · 1937
- Majors v. KillianSupreme Court of Alabama · 1935
15 more not listed; retrieve them via the Exa API.