Henderson v. Brunson
Supreme Court of Alabama
Appeal from the Chancery Court of Coffee. Heard before the Hon. J. P. Sanders, Special Chancellor. This’was a bill filed by the appellee, Mrs. P. H. Brun-son, against the heirs of the estate of L. Henderson, deceased, seeking -to have cancelled a certain deed of conveyance made by complainant to L. Henderson, on the ground that same was a security for a debt of complainant’s husband, E; Gf. Brunson.
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Appeal from the Chancery Court of Coffee. Heard before the Hon. J. P. Sanders, Special Chancellor. This’was a bill filed by the appellee, Mrs. P. H. Brun-son, against the heirs of the estate of L. Henderson, deceased, seeking -to have cancelled a certain deed of conveyance made by complainant to L. Henderson, on the ground that same was a security for a debt of complainant’s husband, E; Gf. Brunson. Demurrers- were •sustained to the original bill, and the amended bill recites that on or about February T8, 1895, complainant and her husband executed to L. Henderson, deceased at the time of…
1Opinion of the CourtSharpe, J.
Complainant and her husband, E. G. Brunson, conveyed a. tract of her land to L. Henderson by a deed containing warranties and a clause as follows: “In this convejmnoe I reserve the right to redeem within three years by paying this entry.” L. Henderson died and this suit was brought against his heirs to have the deed cancelled on the alleged ground that it was intended, as a mortgage to secure a debt of E. G. Brun-son, and is therefore void under § 2529 of the Code, which declares “the wife shall not, directly or indirectly become the surety for the husband.”
The chancellor found the…
2Cases cited4 opinions
- Harraway v. HarrawaySupreme Court of Alabama · 1902
- Osborne v. CooperSupreme Court of Alabama · 1896
- Giddens v. PowellSupreme Court of Alabama · 1895
- McNeil v. Davis & SonSupreme Court of Alabama · 1894
3Cited by14 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Rollings v. GunterSupreme Court of Alabama · 1924
- Smith v. D. Rothschild Co.Supreme Court of Alabama · 1924
- Eidson v. McDanielSupreme Court of Alabama · 1927
- Industrial Sav. Bank v. MitchellAlabama Court of Appeals · 1932
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