Rosenau v. Powell
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Bill by M. E. Powell against D. L. Rosenau, and others, to cancel mortgage, for an accounting, and for other relief. From a decree for complainant respondent Rosenau appeals. In the original brief counsel insist that complainant was not an administratrix and had no right or standing except in her capacity as widow, and can only recover what is authorized to be recovered by the widow.
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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Bill by M. E. Powell against D. L. Rosenau, and others, to cancel mortgage, for an accounting, and for other relief. From a decree for complainant respondent Rosenau appeals. In the original brief counsel insist that complainant was not an administratrix and had no right or standing except in her capacity as widow, and can only recover what is authorized to be recovered by the widow. In a supplemental brief filed later, other assignments of error noted in the opinion are discussed, but without further citation of authority.…
1Opinion of the CourtMcCLELLAN, J.
— This is the second appeal in this cause. — Rosenau v. Powell, 173 Ala. 126, 55 South. 789. The court continues satisfied with the conclusions there announced.
The bill was exhibited by Mrs. Powell against D. L. Rosenau, William Riggs, and M. B. Thompson. The purpose and object of the bill as finally amended was to cancel a certain deed, executed by complainant and her husband, John C. Powell, to Rosenau, and, under this theory of decreed relief, to effect an accounting of and for property received by Rosenau, whose then relation to complainant’s husband was that of mortgagee; to have…
2Cases cited2 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Rosenau v. PowellSupreme Court of Alabama · 1911
3Cited by8 opinions
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- Brooks v. City of BirminghamAlabama Court of Appeals · 1944
- W. T. Smith Lumber Co. v. McLainSupreme Court of Alabama · 1918
- Sloss-Sheffield Steel & Iron Co. v. JonesSupreme Court of Alabama · 1921
- Baumhauer v. McGillAlabama Court of Appeals · 1917
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