Clark v. Spencer
Supreme Court of Alabama
Appeai, from Greene Circuit Court. Tried before Hon. S. H. Sprott. The facts are sufficiently stated in the opinion. (1) After the declaration of homestead was filed and recorded, the land claimed became prima fade a valid homestead against any execution for debt, particularly, executions issued on judgments rendered subsequent to the time the declaration was filed.
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Appeai, from Greene Circuit Court. Tried before Hon. S. H. Sprott. The facts are sufficiently stated in the opinion. (1) After the declaration of homestead was filed and recorded, the land claimed became prima fade a valid homestead against any execution for debt, particularly, executions issued on judgments rendered subsequent to the time the declaration was filed. This prima facie showing can be overcome by no other mode than that prescribed by the statute. — Code, §§ 2830, 2831, 2838. And the burden of proof is on the creditor to show the claim is invalid. Tb. § 2838. Section 2830…
1Opinion of the Court
STONE, J.-
There are three systems of homestead and other exemptions in force in this State, dependent on the time the debt or debts were contracted, against which the exemption is claimed. First, when the debt or debts to which the property is sought to be made subject, were contracted before the Constitution of 186S became operative. The extent and value of the exemptions under this class are governed by “ the statute law which was of force when such debt or demand was contracted.” — Code of 1876, § 2844; Code of 1867, §§ 2880 to 2884. Second, when the debt or debts were contracted between…
2Cases cited19 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Fellows v. LewisSupreme Court of Alabama · 1880
- Ware v. BradfordSupreme Court of Alabama · 1841
- Randolph v. LittleSupreme Court of Alabama · 1878
- Abercrombie v. ConnerSupreme Court of Alabama · 1846
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Scanlin v. StewartIndiana Supreme Court · 1894
- Fuller v. WhitlockSupreme Court of Alabama · 1892
- Powe v. McLeod & Co.Supreme Court of Alabama · 1884
- Majors v. KillianSupreme Court of Alabama · 1935
18 more not listed; retrieve them via the Exa API.