Powell v. New England Mortgage & Security Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed, on what day the record does not show, by the New England Mortgage & Security Company, a corporation organized under the laws of Connecticut, against Mrs. Yirginia D. Powell and her husband, James W. Powell; and sought the foreclosure of a mortgage on a tract of land, executed by the defendants to the complainant, or a ratification, at the election of the…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The bill in this case was filed, on what day the record does not show, by the New England Mortgage & Security Company, a corporation organized under the laws of Connecticut, against Mrs. Yirginia D. Powell and her husband, James W. Powell; and sought the foreclosure of a mortgage on a tract of land, executed by the defendants to the complainant, or a ratification, at the election of the defendants, of an irregular sale under a power in the mortgage, at which the complainant became the purchaser through an…
1Opinion of the CourtStone, C. J.
The question in this case is, whether certain proceedings had before the chancellor so far relieve Mrs. Powell of the disabilities of coverture, as to make the mortgage executed by her a binding lien on the land therein described. A transcript of those proceedings is made an ex-*604Mbit to the bill. An attempt bad. been made, under section 2731 of tbe Code of 1876, to have Mrs. Powell relieved of ber disabilities of coverture, as to ber statutory and other separate estates, so far as to invest ber with the right “to buy, sell, bold, convey, and mortgage real and personal property, and to sue and…
2Cases cited5 opinions
- Ashford v. WatkinsSupreme Court of Alabama · 1881
- Cohen v. Wollner, Hirschberg & Co.Supreme Court of Alabama · 1882
- Meyer & Co. v. SulzbacherSupreme Court of Alabama · 1884
- Falk v. HechtSupreme Court of Alabama · 1883
- Mohr v. Senior & SonSupreme Court of Alabama · 1887
3Cited by3 opinions
- New England Mortgage Security Co. v. PowellSupreme Court of Alabama · 1891
- Black v. MoseleySupreme Court of Alabama · 1892
- Craft v. SimonSupreme Court of Alabama · 1897