Gafford v. Speaker
Supreme Court of Alabama
Appeal from tbe Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The bill in this case ivas filed by Bertha Speaker, a married woman, on June 28, 1898, for the purpose of haying a certain mortgage and deed cancelled as a cloud upon her title to lands specifically described in the complaint.
Read the full summary
Appeal from tbe Chancery Court of Jefferson. Heard before the Hon. John C. Carmichael. The bill in this case ivas filed by Bertha Speaker, a married woman, on June 28, 1898, for the purpose of haying a certain mortgage and deed cancelled as a cloud upon her title to lands specifically described in the complaint. It is averred in the bill that the complainant was the owner of the real estate in controversy, as her separate estate, having purchased the same from one S. A. Dupuy in 188G. It was further averred in the bill that on May 27,1896, the complainant, as surety for her husband, Anton…
1Opinion of the CourtTyson, J.
The bill in this cause was filed for the purpose of having certain conveyances cancelled as a cloud upon the title of complainant to the land described in the bill. Her right to do so depends, in a large measure, upon whether she has established by the evidence that the debt secured by certain mortgages executed by her and 'her husband upon the land, was her debt or the debt of her husband. The bill alleges that on the 27th day of May, 1896, she joined her husband, as his security, in the execution of a note and mortgage for $2,310, ujxm the land to one Keeling; that on the ‘25th day of…
2Cases cited6 opinions
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Richardson v. StephensSupreme Court of Alabama · 1898
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- Swann & Billups v. MillerSupreme Court of Alabama · 1886
- Price v. CooperSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Cox v. BrownSupreme Court of Alabama · 1916
- Sample v. GuyerSupreme Court of Alabama · 1904
- Marengo Abstract Co. v. Hooper & Co.Supreme Court of Alabama · 1911
- Mohr v. GriffinSupreme Court of Alabama · 1902
8 more not listed; retrieve them via the Exa API.