Legal Opinion

Cahalan v. Monroe, Smaltz & Co.

Supreme Court of Alabama

Decided November 15, 1880PublishedCited by 7 opinions

Appeal from the Chancery Count of Jefferson. Heard before the Hon. N. S. Graham. Motion to dismiss appeal, for want of security for costs.

1Opinion of the CourtBrig Kell, C. J.

— The original and amended bills, filed by the appellant, a married woman, sought to fasten a trust on lands, which, it is averred, were by her husband, as her trustee, purchased and improved with moneys, her separate estate, but the title to which he had taken in his own name, and had conveyed them by a mortgage to secure the payment of his own debt. On final hearing,-on pleadings and proof, a decree was rendered, dismissing her bills, and denying her relief. From that decree, this appeal is taken, without a bond and security superseding the decree, and without giving security for costs; the…

2Cases cited1 opinion

  1. Holland v. KimbroughSupreme Court of Alabama · 1875

3Cited by7 opinions

  1. Ex parte Tower Manufacturing Co.Supreme Court of Alabama · 1893
  2. Hildebrand v. First Nat. Bank of FairfieldSupreme Court of Alabama · 1930
  3. Scott v. ShepherdSupreme Court of Alabama · 1927
  4. Ex Parte BrownSupreme Court of Alabama · 1925
  5. Ex Parte BarkleySupreme Court of Alabama · 1923

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