137 Ala. 295 | Ala. | 1902
It is admitted that the defendant, R. M. Jennings, on the 15th May, 1902, was indebted to his wife, Janie G. Jennings, in the sum of $1,500, evidenced by his promissory note to her for that sum executed on the 2d of July, 1901, for money advanced by her to him on that date; that for the purpose of paying said indebtedness, the said R. M. Jennings, on that elate, — 15th May, 1902, — executed and delivered to
The contention cannot be sustained. As to this property, being less in value than, $1,000, the OAvner, it may be said, had no creditors, and he Avas free to do with it as he chose, — to sell or give it to his wife, without the right of any creditor to complain, since it interfered Avith no right of his, legal or equitable. To allow that he Aims incapable of conveying it to his wife, to pay a debt he owed her, — though if he did not OAve it Avould make no difference, — Avithout. its having the effect to convert, the conveyance into a general assignment, would be to qualify and limit his ■ exemption in a manner not sanctioned by the letter or policy of the exemption laws. — Fellows v. Lewis, 65 Ala. 343; Wright v. Smith, 66 Ala. 514; Shirley v. Teal, 67 Ala. 412; Lehman, Durr & Co., v. Bryan, 67 Ala. 558; Clewis v. Malone 119 Ala. 312. His right- to' it Avas so perfect that he Avas under no legal obligation to have it exempted to him by any court proceeding. A selection of it- as exempt was unnecessary, the laAV, without the doing of any act on his part, intervening and attaching the right of exemption as absolutely as if the particular property had been specifically designated and declared exempt— Alley v. Daniel, 75 Ala. 403; Jackson v. Wilson, 117 Ala. 432.
Affirmed.