Newell v. Johns
Supreme Court of Alabama
Appeal from tire Probate Court of Cleburne. Heard before the Hon. A. A. Hürst. On December 12, 1898, the appellee, T. J. Johns, as administrator of the estate of J. R. Newell, deceased, tiled his petition in the probate count of Cleburne county, asking for the sale of certain lands therein described, belonging to the estate of said J. R. Newell, deceased, for the payment of decedent’s debts, on the ground that the personal property belonging to said estate was insufficient…
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Appeal from tire Probate Court of Cleburne. Heard before the Hon. A. A. Hürst. On December 12, 1898, the appellee, T. J. Johns, as administrator of the estate of J. R. Newell, deceased, tiled his petition in the probate count of Cleburne county, asking for the sale of certain lands therein described, belonging to the estate of said J. R. Newell, deceased, for the payment of decedent’s debts, on the ground that the personal property belonging to said estate was insufficient for such purposes. It was alleged in said petition, that J. R. Newell left surviving him a widow, E. R. Newell, and three…
1Opinion of the CourtSharpe, J.
Under the statutes -as they have existed since the passage of the act of February 28th, 1889, relating to exemption's in favor of the widow and children of a deceased debtor (Code, § 2100), occupancy of the homestead has not been requisite to presence the right of exemption. In Banks v. Speers, 97 Ala. 560, the court, in referring to, but without deciding, the question as to whether under that statute a *588sale and abandonment of the possession would work a forfeiture of the homestead right, said: “On principle it would seem that it should not.” In Garland v. Bostick, 118 Ala. 209, that statute…
2Cases cited5 opinions
- Banks v. SpeersSupreme Court of Alabama · 1892
- Jackson v. WilsonSupreme Court of Alabama · 1897
- Brooks v. JohnsSupreme Court of Alabama · 1898
- Garland v. BostickSupreme Court of Alabama · 1897
- Speers v. BanksSupreme Court of Alabama · 1896
3Cited by5 opinions
- Chamboredon v. FayetSupreme Court of Alabama · 1912
- Headen v. HeadenSupreme Court of Alabama · 1911
- Cox v. McLemoreSupreme Court of Alabama · 1938
- Grayson v. RobertsSupreme Court of Alabama · 1934
- Head v. TaylorSupreme Court of Alabama · 1959