Metcalf v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. John R. Tyson. This was a contest of a claim of exemptions, which was instituted as follows : At the fall term, 1893, of the circuit court of Geneva county, M. L. Metcalf recovered a judgment against W. W. Smith, which was recorded in the office of the judge of probate for said county.
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Appeal from the Circuit Court of Geneva. Tried before the Hon. John R. Tyson. This was a contest of a claim of exemptions, which was instituted as follows : At the fall term, 1893, of the circuit court of Geneva county, M. L. Metcalf recovered a judgment against W. W. Smith, which was recorded in the office of the judge of probate for said county. Upon said judgment an execution was issued on June 15,1894, and levied by the sheriff upon certain described lands, owned by the said W. W. Smith. On July 2, 1894, W. W. Smith filed his claim of exemptions with the sheriff to the lands levied upon,…
1Opinion of the CourtHaralson, J.
— The evidence in the case is'without any conflict. It is not denied that the land levied on was the homestead of defendant up to the year 1894, and the only claim that plaintiff makes to maintain the levy against defendant’s claim of exemption is, that he abandoned his homestead in 1894. The facts do not support the contention, but do show that during thac year, the defendant occupied the dwelling as his home. The fact that he rented out the cultivatable lands, and allowed the father of his tenant, Mr. Jackson, to occupy, free of rent, one of the rooms in the house, and that defendant was…
2Cases cited3 opinions
- Fuller v. WhitlockSupreme Court of Alabama · 1892
- Garrett v. JonesSupreme Court of Alabama · 1891
- Pollak v. CaldwellSupreme Court of Alabama · 1891
3Cited by2 opinions
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