69 So. 516 | Ala. | 1915
At the May term, 1914, appellant moved in the circuit court for an order for the sale of defend
Unquestionably, appellee bad occupied tbe land in controversy as bis homestead prior to 1912. But early in that year be purchased a 20-acre tract one mile away and established bis home there. It does not appear that be filed in tbe office of tbe judge of probate a declaration of bis claim of homestead exemption in' tbe property from which he removed, or any other, for that matter. Every indication of tbe evidence excludes tbe idea that be intended to return to tbe dwelling on tbe 40-acre tract in question. For the remainder of tbe year 1912 appellee let tbe entire 40-acre tract to one Easterling, a tenant, for a rental payable in money. To tbe same tenant be let tbe place for a like money rental for tbe year 1913, reserving, however, 3 or 4 acres which be cultivated. In tbe fall of 1913, this tenant moved out, leaving tbe place and tbe dwelling upon it in possession of bis subtenant, Mrs. Mims. Execution was issued by tbe justice of tbe peace and levied upon tbe 40-acre tract on February 12, 1914. For tbe year current at that time, and at tbe time of tbe trial, appellee bad “rented” tbe entire place to tbe former subtenant, who bad remained in possession; appellee furnishing tbe stock, farming implements, and fertilizer, tbe “tenant” doing tbe work, tbe crop to be equally divided between them. Both places together are worth not more than $2,000.
But in Dicus v. Hall, 83 Ala. 159, 3 South. 239, it was held that two separate and distinct tracts may be embraced within the same claim of homestead exemption when used in connection with each other for the support and sustenance of the family; the owner living upon one, but cultivating or otherwise using both in common as a homestaead. The exemption, however, in such cases, does not extend to tenements, lots, or farms, actually, detached from the home place proper, unless they be appropriated to the personal use of the owner as an appurtenance to the home place — to such uses, for example, as cultivation by the owner, obtaining timber and firewood, and the pasturage of domestic animals. —Jaffrey v. McGough, 88 Ala. 648, 7 South. 333.
Reversed and remanded.