Scaife v. Argall
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before tlie Hon. H. D. Clayton. This was a contest as to the right to a homestead exemption, between J. F. Scaife as claimant, and Thomas M. Argali as plaintiff in execution.
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Appeal from the Circuit Court of Barbour. Tried before tlie Hon. H. D. Clayton. This was a contest as to the right to a homestead exemption, between J. F. Scaife as claimant, and Thomas M. Argali as plaintiff in execution. The property was described as “ lot No. 304, in square No. 16, in the city of Eufaula.;” and the evidence showed that it contained about one acre, and was worth about $1,600. The plaintiff’s judgment w,as rendered on the 11th June, 1881; and an execution issued thereon, and placed in the hands of the sheriff on the 15th August, was by him levied on said lot on the 27th…
1Opinion of the CourtStone, J.
— The general, statutory rule as to the right of homestead exemption in this State, is that it must have been “ owned and occupied ” by the claimant at the time it is sought to be subjected; or, correctly speaking, when a lien upon it would attach, in the absence of such occupancy. — Code of 1876, § 2820; Hudson v. Kelly, 70 Ala. 393. Seption 2843 of the Code makes an exception as to actual occupancy. Under its provisions, “ a temporai'y quitting, or leasing the [premises] for a period of not more than twelve months at any one time, shall not be deemed to be an abandonment of it [them] as his…
2Cases cited5 opinions
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Boyle v. ShulmanSupreme Court of Alabama · 1877
- Hudson v. KellySupreme Court of Alabama · 1881
- Stow v. LillieSupreme Court of Alabama · 1879
- Waugh v. MontgomerySupreme Court of Alabama · 1880
3Cited by9 opinions
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Hines v. DuncanSupreme Court of Alabama · 1885
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Beckert v. WhitlockSupreme Court of Alabama · 1887
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