122 Ala. 557 | Ala. | 1898
— John Hardy died in 1887 in possession of a homestead leaving surviving him his widow, appellant, and two minor children who continued to reside thereon until and after appellant’s intermarriage with one Gist, her present husband. In 1894, appellant, with her husband and children, went to Washington City where her husband had employment in one of the government departments, and there remained until the summer of 1897, when they returned to Alabama, but not to the lands. During appellant’s stay in Washington she and her husband made regular visits to Alabama each year, and during those visits would go upon the lands and inspect them. The land was rented out by her from year to year during her stay in Washington and up to the time of the trial of this cause.
In 1888 the land in controversy was set apart by the probate court of Shelby county upon the petition of appellant, as a homestead for herself and minor children. After the homestead was set aside to appellant and prior to 1894, the estate of John Hardy was declared insolvent. The foregoing is a statement of substantially all the evidence in the case and about which there is no dispute.
The absolute title to the homestead was vested in
The judgment of the circuit court must be affirmed.