Boyle v. Shulman
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried-before the Hon. James Q,. Smith. The following statement of facts in writing was admitted to be true by both parties, and by consent-, was read to the jury as evidence in the case : “That Shulman, Goetter & Weil, the plaintiffs, recovered a judgment at the June term of the Circuit Court of Montgomery, A. D., 1875, on a contract made after the 23d day of May, 1873, which judgment was for three hundred and thirty-one 62-100…
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried-before the Hon. James Q,. Smith. The following statement of facts in writing was admitted to be true by both parties, and by consent-, was read to the jury as evidence in the case : “That Shulman, Goetter & Weil, the plaintiffs, recovered a judgment at the June term of the Circuit Court of Montgomery, A. D., 1875, on a contract made after the 23d day of May, 1873, which judgment was for three hundred and thirty-one 62-100 dollars, besides costs; that execution was issued thereon and placed in the hands of the sheriff by the clerk, according…
1Opinion of the Court
BBICKELL, C. J.—
These causes dependent on the same facts, involving the same legal questions, were submitted together. In numerous cases, this court has declared, that it is not land merely, a debtor may select and retain as exempt from liability to the payment of his debts. On the land at the time of the selection or claim there must be impressed the character and quality of a homestead. It is the homestead only, Avhich is AvithdraAvn by the constitution and laws from the just claims of creditors. Actual occupation as a dwelling place, as a home, is the characteristic which distinguishes it…
2Cited by18 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Blum v. CarterSupreme Court of Alabama · 1879
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Murphy v. Hunt, Miller & Co.Supreme Court of Alabama · 1883
13 more not listed; retrieve them via the Exa API.