Shockley v. Christopher
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by Susan A. Christopher invidually and as executrix of the will of William A. Christopher, deceased, against John P. Shockley and others to foreclose a mortgage. From a decree overruling demurrers to the hill respondents appeal. There is a misjoinder of parties complainant and respondent as appears from the bill.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by Susan A. Christopher invidually and as executrix of the will of William A. Christopher, deceased, against John P. Shockley and others to foreclose a mortgage. From a decree overruling demurrers to the hill respondents appeal. There is a misjoinder of parties complainant and respondent as appears from the bill. The demand was stale and the suit was barred by the statute of limitations. — Jefferson v. Petus, 132 Ala. 674; Goodwin v. Baldwin, 59 Ala. 127; Semple v. Glenn, 91 Ala. 245; Huntsville v. Ewing, 116 Ala. 484;…
1Opinion of the CourtDowdell, C. J.
This is a bill to foreclose a mortgage. A demurrer was interposed which was overruled, *142and from the decree overruling the demurrer, the present appeal is prosecuted.
The bill is exhibited in the name of Susan A. Christopher individually, and as executrix of the last avüI and testament of Wiliam A. Christopher, deceased. The bill shows that the mortgage sought to be foreclosed was executed to William A., and in his last will he bequeathed all of his personal property to his wife, Susan A., and made her executrix of his will. Under the principle laid down in Kyle v. Perdue, 87 Ala. 423, 6 South.…
2Cases cited6 opinions
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Goodwyn v. BaldwinSupreme Court of Alabama · 1877
- Ohmer v. BoyerSupreme Court of Alabama · 1889
- Cook v. Parham & BluntSupreme Court of Alabama · 1879
- Owen v. BankheadSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Christopher v. ShockleySupreme Court of Alabama · 1917
- Crawford v. Chattanooga Savings BankSupreme Court of Alabama · 1917
- Barnett v. WaddellSupreme Court of Alabama · 1946
- Spencer v. HurdSupreme Court of Alabama · 1918
- Staten v. ShumateSupreme Court of Alabama · 1942
7 more not listed; retrieve them via the Exa API.