Brown v. Leitch
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. Luther B. Smith. This action was brought by S. & A. Brown, suing as partners, against H. B. Leitch; was commenced on the 24th February, 1876; and was founded on a promissory note, signed by the defendant, in these words : “ Livingston, Ala., April 8, 1874. One day after date, I promise to [pay to] the order of S. & A. Brown one hundred and fifty 90-100 dollars, value received; negotiable and payable at…
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Appeal from the Circuit Court of Sumter. Tried before the Hon. Luther B. Smith. This action was brought by S. & A. Brown, suing as partners, against H. B. Leitch; was commenced on the 24th February, 1876; and was founded on a promissory note, signed by the defendant, in these words : “ Livingston, Ala., April 8, 1874. One day after date, I promise to [pay to] the order of S. & A. Brown one hundred and fifty 90-100 dollars, value received; negotiable and payable at Livingston, Alabama, with interest 10 per cent., from January 1,1874; and in consideration of supplies furnished, for which this…
1Opinion of the CourtStone, J.
When the note which is the foundation of the present suit was executed — April 8, 1874 — the constitution of 1868, art. xiv., section 1, and the act “ to regulate property exempted from sale for the payment of debts,” approved April 23, 1873 — Pamph. Acts, 64 — defined the right and measure of exemptions. The language of the constitution is : “ The personal property of any resident of this State, to the value of one thousand dollars, to be selected by such resident, shall be exempted from sale on execution, or other final process of any court, issued for the collection of any debt contracted…
2Cases cited6 opinions
- Gresham v. WalkerSupreme Court of Alabama · 1846
- Smith v. HillNew York Supreme Court · 1856
- Bell v. DavisSupreme Court of Alabama · 1868
- Ross v. HannahSupreme Court of Alabama · 1850
- Mickles v. TousleyNew York Supreme Court · 1823
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Broadway v. Household Fin. Corp. of HuntsvilleCourt of Civil Appeals of Alabama · 1977
- Mills v. BennettTennessee Supreme Court · 1895
- A. G. Story Mercantile Co. v. McClellanSupreme Court of Alabama · 1906
- Wagnon v. KeenanSupreme Court of Alabama · 1884
- Agnew v. Walden & SonSupreme Court of Alabama · 1891