Stephen-Putney Shoe Co. v. White
Supreme Court of Alabama
Ejectment. Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Ejectment by the Stephen-Putney Shoe Company against William Wilburn White, as landlord, substituted. Judgment for defendant, and plaintiff appeals. The facts seem to be that the appellant secured on October 14, 1908, a. judgment on open account against W. S. Gay and M. A. McNeal, partners under the firm name of W. S. Gay Lumber Company.
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Ejectment. Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Ejectment by the Stephen-Putney Shoe Company against William Wilburn White, as landlord, substituted. Judgment for defendant, and plaintiff appeals. The facts seem to be that the appellant secured on October 14, 1908, a. judgment on open account against W. S. Gay and M. A. McNeal, partners under the firm name of W. S. Gay Lumber Company. The judgment was subsequently recorded in the county in the office of the judge of probate on November 5,1908, and placed in the hands of the sheriff on November 9, 1908, an…
1Opinion of the CourtMayfield, J.
The important question for decision in this case is whether or not an actual or. forma] 'claim and selection of a homestead, as is provided for in our statutes (Code 1907, § 4168 et seq.), is necessary *91to protect it from execution sale, when it is at the time impressed with the character of a homestead, not exceeding the value or area exempted by the Constitution and the statutes, and constituting all the realty owned by the claimant. The decisions of this court upon this question are in apparent, but not real, conflict. For example: It was ruled by this court at a very early date that the…
2Cases cited12 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Alley v. DanielSupreme Court of Alabama · 1883
- Nance v. NanceSupreme Court of Alabama · 1887
- Gresham v. WalkerSupreme Court of Alabama · 1846
- Pollak v. McNeilSupreme Court of Alabama · 1893
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3Cited by4 opinions
- Majors v. KillianSupreme Court of Alabama · 1935
- First National Bank v. MeyersNevada Supreme Court · 1916
- Terry v. SchaefferSupreme Court of Alabama · 1940
- In re ZiffDistrict Court, M.D. Alabama · 1915