Lehman, Durr & Co. v. Shook
Supreme Court of Alabama
Appeal from Etowah Chancery Court. Heard before Hon. II. C. Speaice. The bill in tbis cause was filed, April 25th, 1879, by Lehman, Durr & Co. against Laura E. Shook and Hester E. Hodges (formerly Shook), to bave delivered up and cancelled, as fraudulent and void, and as a cloud upon complainants’ title, a deed executed to the defendants by their father, W. T. Shook, conveying to them certain real estate situate in the town of Gadsden, and to enjoin them from further…
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Appeal from Etowah Chancery Court. Heard before Hon. II. C. Speaice. The bill in tbis cause was filed, April 25th, 1879, by Lehman, Durr & Co. against Laura E. Shook and Hester E. Hodges (formerly Shook), to bave delivered up and cancelled, as fraudulent and void, and as a cloud upon complainants’ title, a deed executed to the defendants by their father, W. T. Shook, conveying to them certain real estate situate in the town of Gadsden, and to enjoin them from further prosecuting an action bf ejectment, which they had commenced against the complainants for the recovery of the land conveyed in…
1Opinion of the CourtBkickell, C. J.
The result of the decision in Lehman, Durr & Co. v. Collins, at present term, ante, 127, is, that the appellants, by the decree of the court of chancery, letting them in to redeem the premises in controversy, acquired the title and estate of William T. Shook, which he had by mortgage conveyed to the Mobile Life Insurance Company. The conveyance of the premises to his daughters was executed prior to the mortgage, which was a security for a debt contemporaneously created; and the fact is, that the mortgage was executed with, the knowledge and with the consent of the daughters, verbally…
2Cases cited6 opinions
- Childress v. MonetteSupreme Court of Alabama · 1875
- Spoor v. PhillipsSupreme Court of Alabama · 1855
- Woods v. MonroeMichigan Supreme Court · 1868
- Grigg v. BanksSupreme Court of Alabama · 1877
- Fonda v. . SageNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Wood v. EstesSupreme Court of Alabama · 1932
- Allison v. CodySupreme Court of Alabama · 1921
- Upchurch v. WestSupreme Court of Alabama · 1937
- Wilkinson v. WilkinsonSupreme Court of Alabama · 1900
9 more not listed; retrieve them via the Exa API.