Legal Opinion · Dissent

First National Bank of Tuscaloosa v. Kennedy

Supreme Court of Alabama

Decided November 15, 1896Published

Petition by Fraudulent Grantor for Homestead Exemption after Annulment of Conveyance on Bill by Grantee. Appeal from the Chancery Court of Tuscaloosa.

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Petition by Fraudulent Grantor for Homestead Exemption after Annulment of Conveyance on Bill by Grantee. Appeal from the Chancery Court of Tuscaloosa. The appeal in this case is from a decree of the chancery court of Tuscaloosa, rendered on August 28, 1893, whereby it was decreed that John S. Kennedy, the ap-pellee, was entitled to two thousand dollars as and for a homestead exemption, out of the proceeds of the sale of certain lands, which were condemned to be sold, in a suit in which the appellant, the First National Bank of Tuscaloosa, was complainant, and in which the appellee, Kennedy,…

1Dissent

COLEMAN, J.,

dissenting. — There are two proposi-

tions of law involved in this case, which were considered at great length and determined when the case was here on a former appeal, reported in 107 Ala. 170, dissenting opinion Ib. 200. No new questions are raised on this appeal. My associates, Justices McClellan and Haral-SON, adhere to their former opinion without further argument or citation of authority. I find in the brief of appellant’s counsel a most excellent and exhaustive review of many texts and decisions bearing upon one of the propositions involved in the case, viz., that if the…

2Cases cited50 opinions

  1. Dowell v. ApplegateSupreme Court of the United States · 1894
  2. Miller v. SherrySupreme Court of the United States · 1865
  3. Kennedy v. First National BankSupreme Court of Alabama · 1894
  4. Haas v. ShawIndiana Supreme Court · 1883
  5. Lee v. KingsburyTexas Supreme Court · 1854

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