Supreme Court of Alabama, 1908

Bass & Co. v. Benson

Supreme Court of Alabama · Decided December 17, 1908 · Anderson, Dowdell, McClellan, Tyson

158 Ala. 306; 47 So. 1028; 1908 Ala. LEXIS 607

Cases that cite this one

11 later published cases cite this decision.

Ex Parte Thomas (Ala. 1960)
Chattanooga Metal Co. v. Proctor (Ala. 1933)
Crawford v. First Nat. Bank of Dothan (Ala. 1931)
Sibley v. Linton Coal Co. (Ala. 1914)
Smith v. State (Ala. Crim. App. 1992)
Ross v. State (Ala. Crim. App. 1988)
Miller v. State (Ala. Crim. App. 1984)
Reynolds v. McFadyen (Ala. 1953)
Ex Parte State Ex Rel. Knight (Ala. 1934)
State ex rel. Attorney General v. Speake (Ala. 1914)
Smith v. State (Ala. Ct. App. 1912)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DOWDELL, J.

The sole question presented by the record in this case is whether or not a judgment creditor may redeem under the statute (section 3510 of the Code of 1896j from a purchaser at a mortgage foreclosure sale of the judgment debtor’s homestead.

*308That the debtor’s homestead, within the area and value named in the statute, is not subject to levy and sale on execution for a simple contract debt, cannot be questioned. On the principle laid down in Powers v. Robinson & Co., 90 Ala. 225, 8 South. 10, we can see no escape from the conclusion that the right of redemption under the statute is not given to a judgment creditor as to the debtor’s homestead, which under the law is exempt from levy and sale on execution in favor of the judgment creditor.. The decree appealed from must be affirmed.

Affirmed.

Tyson, C. J., and Anderson and McClellan,- JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.