Sample v. Guyer
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. W. R. Francis, Special Chancellor. ■ The bill in this case was filed by J. J. Cudd against Millie A. Guyer, the widow of Simon L. Guyer, deceased, and against his heirs and R. H. Sample and J. S. Turney, and sought the foreclosure of a mortgage on certain lands.
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Appeal from the Chancery Court of Morgan. Heard before the Hon. W. R. Francis, Special Chancellor. ■ The bill in this case was filed by J. J. Cudd against Millie A. Guyer, the widow of Simon L. Guyer, deceased, and against his heirs and R. H. Sample and J. S. Turney, and sought the foreclosure of a mortgage on certain lands. The bill alleges the execution of the mortgage, sought to be foreclosed, by said Millie and Simon Guyer, and that they had also executed mortgages to said Turney and Sample separately. Sample and Turney filed cross-bills, asking foreclosure of their respective mortgages,…
1Opinion of the CourtSimpson, J.
The only issue in this case is between the defendant (appellee), Millie A. Guyer, and the cross-complainant (appellant), R. H. Sample; the latter seeking to enforce a mortgage executed by said defendant and her husband in favor of said cross-complainant, and the former alleging that said jnortgage was given as security for the debt of her husband, and consequently is void.
Under our present married woman’s law, capacity to contract is the rule, and incapacity the exception. A married woman can make all contracts, agreements and conveyances in regard to her separate estate “Except as otherwise…
2Cases cited5 opinions
- Gafford v. SpeakerSupreme Court of Alabama · 1899
- Hollingsworth v. HillSupreme Court of Alabama · 1896
- Mohr v. GriffinSupreme Court of Alabama · 1902
- Lunsford v. HarrisonSupreme Court of Alabama · 1901
- First National Bank v. MoragneSupreme Court of Alabama · 1900
3Cited by16 opinions
- Lamkin v. LovellSupreme Court of Alabama · 1912
- Lester v. JacobsSupreme Court of Alabama · 1925
- Van Derslice v. Merchants' BankSupreme Court of Alabama · 1925
- Mills v. Hudmon & Co.Supreme Court of Alabama · 1912
- Bell v. Farmers' Nat. BankSupreme Court of Alabama · 1925
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