Fearn v. Ward
Supreme Court of Alabama
Appear from Marshall Chancery Court. Heard before the Hon. H. C. Speaks. This case came to this court upon a ruling of the chancellor on demurrer, and is reported in Ala. Reports, page 33, where the nature of the suit fully appears.
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Appear from Marshall Chancery Court. Heard before the Hon. H. C. Speaks. This case came to this court upon a ruling of the chancellor on demurrer, and is reported in Ala. Reports, page 33, where the nature of the suit fully appears. The present case is now before this court after final hearing on pleadings and proof — on its merits, at November term, 1884. It having been held, on demurrer, that the policy in this case being in favor of one child only, whilst the assured had a wife and several children, did not fall within the provision of the statute (§§ 2733-4, Rev. Code, 1876), the…
1Opinion of the CourtClopton, J.
In July, 1873, Eliza Lee Fearn, as guardian of Kate Coles Fearn, received from the Peidmont and Arlington Life Insurance Company about nine thousand and five hundred dollars, being the proceeds of a policy of insurance, issued by the company in July, 1870, on the life of Robert Fearn. The policy was payable to Kate Coles Fearn, who was an infant child of the assured. Eliza Lee Fearn loaned eight thousand dollars of the money received on the ' policy to James J. Donegan, who executed to her a mortgage on real estate to secure the payment of the loan. The bill is brought by appellee, as…
2Cases cited16 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Keel v. LarkinSupreme Court of Alabama · 1882
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- Ware v. CurrySupreme Court of Alabama · 1880
- Caldwell v. KingSupreme Court of Alabama · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Washington v. NorwoodSupreme Court of Alabama · 1900
- First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
- Mutual Service Funeral Homes v. FehlerSupreme Court of Alabama · 1952
- Ex Parte WilkinsonSupreme Court of Alabama · 1929
- Giglio v. BarrettSupreme Court of Alabama · 1922
24 more not listed; retrieve them via the Exa API.