Alford v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the TIon. John P. Hubbard. — At the time of the conveyance by S. W. Alford and wife to the defendant in this case, they were in possession of the premises; their homestead right had not terminated, by abandonment or otherwise, and the plaintiffs’ judgment was no lien on the premises. — Thompson on Homesteads, §§ 390-91, and cases cited in note.
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Appeal from the Circuit Court of Montgomery. Tried before the TIon. John P. Hubbard. — At the time of the conveyance by S. W. Alford and wife to the defendant in this case, they were in possession of the premises; their homestead right had not terminated, by abandonment or otherwise, and the plaintiffs’ judgment was no lien on the premises. — Thompson on Homesteads, §§ 390-91, and cases cited in note. The surrender of the possession to the grantee was an abandonment of the homestead, but that abandonment enures to the benefit of the grantee, not of the grantor’s creditors, as has been…
1Opinion of the CourtSomerville, J.
— The action is ejectment, and a recovery can, of course, be had only on the legal title. The plaintiffs claim to have acquired this under the one or the other of two execution sales, made under process issued on a judgment rendered against one S. W. Alford, in December, 1878; the first of such sales having transpired in March, 1882, and the second in April, 1883. The defendant claims title by a deed of conveyance executed by said Alford and wife, bearing date in July, 1881.
The land in controversy, which consists of one hundred and sixty acres, is shown to have been occupied and duly claimed…
2Cases cited13 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Cahall v. Citizens Mutual Building Ass'nSupreme Court of Alabama · 1878
- Scott v. SimonsSupreme Court of Alabama · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Teske v. DittbernerNebraska Supreme Court · 1903
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Edinburgh American Land Mortgage Co. v. PeoplesSupreme Court of Alabama · 1893
- Metropolitan Life Ins. Co. v. EstesSupreme Court of Alabama · 1934
- Moses v. McClainSupreme Court of Alabama · 1886
18 more not listed; retrieve them via the Exa API.