Hayden v. Smith

We concur in the conclusion of the trial court that complainant failed to show that the debt for which the mortgage to I-Iayden was given was the debt of her husband and hence that she was not entitled to relief by way of cancellation of that mortgage. The case does not fall within the principle declared and applied in Lamkin v. Lovell, 176 Ala. 334, 58 So. 258, and in Staples v. City Bank, etc., 194 Ala. 687, 70 So. 115, because there was here no pre-existing debt due from complainant’s husband to Hayden, but by a new and independent transaction the money was lent and delivered to the wife,…