71 Ala. 540 | Ala. | 1882
The appellees, having obtained before a justice of the peace a judgment against the appellant, caused •an execution issuing thereon to be levied on ten shares of the capital stock of a corporation created under the laws of this
The Circuit Court charged the jury, that although the appellant was a resident citizen of this State at the time of filing his claim of exemption, and at the time of the trial before the justice of the peace, yet, if he was not then a resident citizen of the State, he was not entitled to the exemption, and they must find for the appellees; and refused four several instructions requested by the appellant. In the view we take of the case, it is unnecessary to notice the instructions refused.
The constitution and the statutes render residence within the State an essential element of the right to an exemption of a homestead, or of personal property from liability for the payment of debts. The words employed in designation of the person entitled to the right are, cmy resident of this State. The pre-existing statutes had limited exemptions to the heads of families, and the exemption was intended for the use of the family in the State. These were the words of the statute, but it was said that without the words it could not have been supposed that there was a purpose to legislate for the benefit of those who were without the territorial limits, and not subject to the jurisdiction of the State. — Allen v. Mcmasse, 4 Ala. 554; Sallee v. Waters, 17 Ala. 488; Boykin v. Edwards, 21 Ala. 261. The same policy pervades the constitution and the statutes now, affording benefit and protection to the unfortunate
The charge given by the Circuit Court is erroneous, and compels a reversal of the judgment.
Reversed and remanded.