Opinion

Phillips v. Norris

  • 222 Ala. 603
  • 133 So. 697
  • 1931 Ala. LEXIS 306
Court
Supreme Court of Alabama
Filed
Apr 9, 1931
Status
Published
Author
Brown
On the bench
Brown, Anderson, Sayre, Thomas
Cited by
1 cases
Authority
More cited than 54.8%

The opinion

BROWN, J.

This appeal is from a decree overruling the defendants’ demurrer to the bill. The point taken is that the allegations of the bill show that the property involved is the defendants’ homestead.

The facts alleged show that the primary adaption of the' buildings on the property is to business purposes, and that ’its primary use is for conducting a mercantile business; that the use of the rooms at the back of the main building was a mere incident to the business use of the property. Garrett & Sons v. Jones, 95 Ala. 96 , 10 So. 702 ; Moseley v. Neville, 221 Ala. 429 , 129 So. 12 ; Bell v. Anniston Hdwe. Co., 114 Ala. 341 , 21 So. 414 ; Turner v. Turner, 107 Ala. 465 , 18 So. 210 , 54 Am. St. Rep. 110 .

The demurrers to the bill were not well taken and were properly overruled.

Affirmed.

ANDERSON, C. J., and SAYRE and THOMAS, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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