Hardy v. Sulzbacher & Bro.
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Tried before Hon. George H. Craig. Tbe appellees, A. Sulzbacher & Bro., having obtained two judgments against the appellant, T. A. Hardy, before a justice of the peace, and executions issued thereon having been levied on certain lands belonging to him, amounting to one hundred and fifty-five acres, moved in the Circuit Court for an order to sell said lands. Hardy appeared and filed his claim to the land as exempt as his homestead.
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Appeal from Dallas Circuit Court. Tried before Hon. George H. Craig. Tbe appellees, A. Sulzbacher & Bro., having obtained two judgments against the appellant, T. A. Hardy, before a justice of the peace, and executions issued thereon having been levied on certain lands belonging to him, amounting to one hundred and fifty-five acres, moved in the Circuit Court for an order to sell said lands. Hardy appeared and filed his claim to the land as exempt as his homestead. The bill of exceptions recites that the plaintiff established, by evidence to the satisfaction of the court, that the said debts…
1Opinion of the CourtStone, J.
The main question presented by this record is, whether, under the facts of this case, Hardy was entitled to a homestead of 160, or only 80 acres. The record recites that the plaintiff “ established by evidence to the satisfaction of the court, that the said debts so in judgment, were contracted by the defendant with the plaintiff in 1871.” There was no law of force, applicable to homestead exemptions, against debts contracted when these were, except the Constitution of 1868, which exempted 80 acres as a homestead, no more. — Const. of 1868, Art. 14, Sec. 2. The Circuit Court ruled rightly in…
2Cases cited3 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Nelson v. McCrarySupreme Court of Alabama · 1877
- Preiss v. CampbellSupreme Court of Alabama · 1877
3Cited by3 opinions
- DeGraffenried v. ClarkSupreme Court of Alabama · 1883
- Snedecor v. FreemanSupreme Court of Alabama · 1881
- Clark v. AllenSupreme Court of Alabama · 1888