Abney v. Abney
Supreme Court of Alabama
Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Mortgage foreclosure suit by Mary A. Abney against George W. Abney and others. From a decree for complainant, defendants appeal. Complainant filed her bill of complaint praying for the foreclosure ■ of a certain mortgage given by her husband, B. I). Abney, on his homestead and transferred by the mortgagee to complainant.
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Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Mortgage foreclosure suit by Mary A. Abney against George W. Abney and others. From a decree for complainant, defendants appeal. Complainant filed her bill of complaint praying for the foreclosure ■ of a certain mortgage given by her husband, B. I). Abney, on his homestead and transferred by the mortgagee to complainant. Five of the respondents, children of the husband by a former marriage, filed' their answer and cross-bill, praying, among other things, that said mortgage be canceled as a cloud on their title and that…
1Opinion of the CourtSomerville, J.
The deed of settlement between Mary A. Abney and her husband cannot be construed as a conveyance of a five-eighths interest in his homestead to his five children by a former marriage. On the contrary, after granting a three-eighths interest in the property to her for life, with remainder to her three children, *218lie in terms retained the title to the residue in himself, with provision that after her death, if she survived him, such residue (“his five-eighths interest”) should descend to said five children, free from any claim or interest of her three children. Hence the chancellor correctly…
2Cases cited4 opinions
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
- Allen v. DeGroodtSupreme Court of Missouri · 1889
- Whitney v. SalterSupreme Court of Minnesota · 1886
- Andrews v. HallSupreme Court of Alabama · 1848
3Cited by20 opinions
- O'Rear v. O'RearSupreme Court of Alabama · 1933
- Hale v. CoxSupreme Court of Alabama · 1941
- Oldham v. NobleIndiana Court of Appeals · 1946
- Amos v. ToolenSupreme Court of Alabama · 1936
- Ward v. ChamblessSupreme Court of Alabama · 1939
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