Bank of Eufaula v. Johnson
Supreme Court of Georgia
Equitable petition. Before Judge Littlejohn. Stewart superior court. June 26, 1916. Mrs. M. L. Johnson' filed a petition to enjoin the Bank of Eufaula from exercising a power of sale in a mortgage given'by her to the bank, on the ground that the debt secured thereby was that of her husband and her obligation was that of surety, and was void because of the statute which prohibits a married woman from becoming directly or indirectly surety for her husband.
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Equitable petition. Before Judge Littlejohn. Stewart superior court. June 26, 1916. Mrs. M. L. Johnson' filed a petition to enjoin the Bank of Eufaula from exercising a power of sale in a mortgage given'by her to the bank, on the ground that the debt secured thereby was that of her husband and her obligation was that of surety, and was void because of the statute which prohibits a married woman from becoming directly or indirectly surety for her husband. Her contention as expressed in her pleadings, and supported by evidence, was, that her husband, being indebted to the Bank of Eufaula in the…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The evidence disclosed that at the time Mrs. Johnson executed the mortgage she resided with her husband in Eufaula, Ala. The plaintiff is an Alabama corporation, and the transaction out of which this controversy arose occurred in the State of Alabama. Accordingly, the validity of the contract depends upon the law of *793that State. The statute of Alabama declares that “the wife shall not directly or indirectly become a surety for the husband.” Code of Alabama, § 4497. The contention of the bank is that the transaction amounted to an independent loan to Mrs.…
2Cases cited6 opinions
- Lamkin v. LovellSupreme Court of Alabama · 1912
- Johnson v. Leffler Co.Supreme Court of Georgia · 1905
- White v. StockerSupreme Court of Georgia · 1890
- Freeman v. Mutual Building & Loan Ass'nSupreme Court of Georgia · 1892
- Sample v. GuyerSupreme Court of Alabama · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Carlton v. Moultrie Banking Co.Supreme Court of Georgia · 1930
- Jackson v. ReevesSupreme Court of Georgia · 1923
- Simmons v. International Harvester Co. of AmericaCourt of Appeals of Georgia · 1918
- Saxon v. National City BankSupreme Court of Georgia · 1930
- Baxter v. Bank of GrantvilleCourt of Appeals of Georgia · 1934
3 more not listed; retrieve them via the Exa API.