Legal Opinion

Lamar v. Brown

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 1 opinion

Appeal from tbe Chancery Court of Lee. Heard before tbe Hon. B. B. MoCbaw. Tbe original bill in this case was filed on the 23d February, 1871, by Laura A. Brown, against Mrs. Kate Lamar and Albert B. Lamar, ber busband, individually, and as trustee for bis said wife; and sought to foreclose a mortgage on a tract of land, executed by tbe defendants to secure tbe payment of a promissory note, which was given by tbem in part payment of tbe purebase-money for tbe land, and was…

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Appeal from tbe Chancery Court of Lee. Heard before tbe Hon. B. B. MoCbaw. Tbe original bill in this case was filed on the 23d February, 1871, by Laura A. Brown, against Mrs. Kate Lamar and Albert B. Lamar, ber busband, individually, and as trustee for bis said wife; and sought to foreclose a mortgage on a tract of land, executed by tbe defendants to secure tbe payment of a promissory note, which was given by tbem in part payment of tbe purebase-money for tbe land, and was in tbe following words: “ Oolumbus, December 9tb, 1869. Twelve months after date, we promise to pay to Lawrence Booney…

1Opinion of the CourtStone, J.

We do not think, under the pleadings in this cause, that any question can be made, denying Mrs. Brown’s right to maintain this suit. She avers that the note is hers, and makes Rooney and Mrs. Grigg defendants to the suit; and they, in their answers, admit the truth of this, and every other averment of the bill. This estops them from setting up any claim to the note, and renders it unnecessary that Mrs. Brown should offer any proof of her ownership. — McLane v. Riddle, 19 Ala. 180, and authorities cited.

2. The allegations in the answers, charging that, in making the sale, Rooney misrepresented…

2Cases cited3 opinions

  1. White v. HassSupreme Court of Alabama · 1858
  2. McLane v. RiddleSupreme Court of Alabama · 1851
  3. Glover v. RobbinsSupreme Court of Alabama · 1873

3Cited by1 opinion

  1. Ehl v. J. R. Watkins Medical Co.Supreme Court of Alabama · 1927

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