Thomas v. Holden
Supreme Court of Alabama
Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by Janie Thomas and others, against J. C. Holden, to cancel a deed and mortgage, because executed by an insane person. From a decree sustaining demurrrers to the bill, complainants appeal.
1Opinion of the CourtThomas, J.
The appellants, the children of J. W.. Thomas and Janie Thomas, and J. W. Thomas suing by his next friend Janie Thomas, filed a bill in the.*143chancery court, seeking to cancel a mortgage and the notes secured thereby, of date October 4,. 1910, and a deed of date February 14, 1911, executed by J. W. Thomas and his wife, Janie Thomas, conveying to appellee, J. O. Holden, the lands described therein. The second paragraph alleges: “That at and before the time of making said'mortgage and the said deed (Exhibits A and B), said J. W. Thomas was insane and did not have sufficient mind to understand the…
2Cases cited5 opinions
- Dougherty v. PoweSupreme Court of Alabama · 1900
- Mitchell v. BaldwinSupreme Court of Alabama · 1908
- Wilkinson v. WilkinsonSupreme Court of Alabama · 1900
- Head v. LaneSupreme Court of Alabama · 1914
- Walker v. WinnSupreme Court of Alabama · 1904
3Cited by11 opinions
- Blair v. JonesSupreme Court of Alabama · 1918
- Hale v. HaleSupreme Court of Alabama · 1917
- McClelland v. CostonSupreme Court of Alabama · 1933
- Hughes v. BullenSupreme Court of Alabama · 1923
- McDaniel v. MellenSupreme Court of Alabama · 1931
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