expansion rule in Alabama

1981For this Court to declare the homestead act a nullity (the remaining remedial alternative suggested by Mr. Justice Harlan in Welsh) , thus "order[ing] that its benefits not extend to the class that the legislature intended to benefit," would be in defiance of the Act's "relevant economic, social, and historical implications." For the purposes here pertinent, we believe the following language from Harrod v. Farmer , 273 Ala. 298 , 139 So.2d 115 (1962), amply supports our application of the expansion doctrine: As we pointed out in our recent case of Durham v. Mims , 269 Ala. 477 , 114 So.2d 245

1981For this Court to declare the homestead act a nullity (the remaining remedial alternative suggested by Mr. Justice Harlan in Welsh) , thus "order[ing] that its benefits not extend to the class that the legislature intended to benefit," would be in defiance of the Act's "relevant economic, social, and historical implications." For the purposes here pertinent, we believe the following language from Harrod v. Farmer , 273 Ala. 298 , 139 So.2d 115 (1962), amply supports our application of the expansion doctrine: As we pointed out in our recent case of Durham v. Mims , 269 Ala. 477 , 114 So.2d 245

1981For this Court to declare the homestead act a nullity (the remaining remedial alternative suggested by Mr. Justice Harlan in Welsh) , thus "order[ing] that its benefits not extend to the class that the legislature intended to benefit," would be in defiance of the Act's "relevant economic, social, and historical implications." For the purposes here pertinent, we believe the following language from Harrod v. Farmer , 273 Ala. 298 , 139 So.2d 115 (1962), amply supports our application of the expansion doctrine: As we pointed out in our recent case of Durham v. Mims , 269 Ala. 477 , 114 So.2d 245

1981For this Court to declare the homestead act a nullity (the remaining remedial alternative suggested by Mr. Justice Harlan in Welsh) , thus "order[ing] that its benefits not extend to the class that the legislature intended to benefit," would be in defiance of the Act's "relevant economic, social, and historical implications." For the purposes here pertinent, we believe the following language from Harrod v. Farmer , 273 Ala. 298 , 139 So.2d 115 (1962), amply supports our application of the expansion doctrine: As we pointed out in our recent case of Durham v. Mims , 269 Ala. 477 , 114 So.2d 245

1978The court explained that amnesia concerning the crime `does not render a defendant unable to comprehend his position or to consult intelligently with counsel in the preparation of his defense.' "In Fajeriak v. State , 520 P.2d 795 (Alaska 1974), the Alaska Supreme Court held that the loss of memory did not render one incompetent and that: `Policy conjoins with precedent to oppose an expansion of the doctrine of incompetency to include amnesia.

1973As summarized by the Alabama Court of Appeals in the 1961 case of Mercantile Life Insurance Company v. Johnson, 41 Ala.App. 307 , 132 So.2d 248 , “It is a well settled rule that the terms of an insurance policy will be construed most strongly against the insurer and where the words of a policy are ambiguous, or where they are capable of two reasonable interpretations, that favorable to the insured will be adopted.” Likewise the expansion of this rule was stated by the same court during the same term in Globe Life Insurance Company of Alabama v. Howard, 41 Ala.App. 621 , 147 So.2d 853 , thusly:

1973As summarized by the Alabama Court of Appeals in the 1961 case of Mercantile Life Insurance Company v. Johnson, 41 Ala.App. 307 , 132 So.2d 248 , “It is a well settled rule that the terms of an insurance policy will be construed most strongly against the insurer and where the words of a policy are ambiguous, or where they are capable of two reasonable interpretations, that favorable to the insured will be adopted.” Likewise the expansion of this rule was stated by the same court during the same term in Globe Life Insurance Company of Alabama v. Howard, 41 Ala.App. 621 , 147 So.2d 853 , thusly:

1973As summarized by the Alabama Court of Appeals in the 1961 case of Mercantile Life Insurance Company v. Johnson, 41 Ala.App. 307 , 132 So.2d 248 , “It is a well settled rule that the terms of an insurance policy will be construed most strongly against the insurer and where the words of a policy are ambiguous, or where they are capable of two reasonable interpretations, that favorable to the insured will be adopted.” Likewise the expansion of this rule was stated by the same court during the same term in Globe Life Insurance Company of Alabama v. Howard, 41 Ala.App. 621 , 147 So.2d 853 , thusly:

1973As summarized by the Alabama Court of Appeals in the 1961 case of Mercantile Life Insurance Company v. Johnson, 41 Ala.App. 307 , 132 So.2d 248 , “It is a well settled rule that the terms of an insurance policy will be construed most strongly against the insurer and where the words of a policy are ambiguous, or where they are capable of two reasonable interpretations, that favorable to the insured will be adopted.” Likewise the expansion of this rule was stated by the same court during the same term in Globe Life Insurance Company of Alabama v. Howard, 41 Ala.App. 621 , 147 So.2d 853 , thusly:

1914Co. v. Stewart, 179 Ala. 304 , 60 South. 927 , while holding for error the omission of the pleader to aver in the sixth count that Stewart’s intestate was within the custom alleged, along with the pleader’s catalogue of the facts and circumstances he essayed to enumerate, reiterated the doctrine of the Lee Case, 92 Ala. 271 , 9 South. 230 , at the same time noting the misconception of its effect that probably lead to the subsequent expansion of its principle to cases outside its intended limits.

1914Co. v. Stewart, 179 Ala. 304 , 60 South. 927 , while holding for error the omission of the pleader to aver in the sixth count that Stewart’s intestate was within the custom alleged, along with the pleader’s catalogue of the facts and circumstances he essayed to enumerate, reiterated the doctrine of the Lee Case, 92 Ala. 271 , 9 South. 230 , at the same time noting the misconception of its effect that probably lead to the subsequent expansion of its principle to cases outside its intended limits.