Grider v. American Freehold Land Mortgage Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Bullock. Heard before the Hon. John A. Foster. The bill in this case was filed on the 30th March, 1892, by Wiley M. Grider and his wife, Mrs. Mary B, Grider, against the American Freehold Land Mortgage Company of London, a foreign corporation, and the Loan Company of Alabama, a domestic corporation; and sought to enjoin a sale of certain lands, claimed by the complainants as their homestead, under powers of sale contained in two mortgages…
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Appeal from the Chancery Court of Bullock. Heard before the Hon. John A. Foster. The bill in this case was filed on the 30th March, 1892, by Wiley M. Grider and his wife, Mrs. Mary B, Grider, against the American Freehold Land Mortgage Company of London, a foreign corporation, and the Loan Company of Alabama, a domestic corporation; and sought to enjoin a sale of certain lands, claimed by the complainants as their homestead, under powers of sale contained in two mortgages executed by them, one to each of the defendant corporations, and to cancel the mortgages as a cloud on the title to the…
1Opinion of the CourtHead, J.
Though, technically, the averment of the bill proper would seem to lay the ownership of the homestead, upon which the mortgages mentioned are alleged to cast the clouds sought'to be removed, in the complainants, W. M. Grider, and his wife, jointly, yet in connection with the exhibits, we think it is intended to aver that the lands are the property of the husband solely. It is so treated in the argument of counsel on both sides, and so we will consider it. It is a case, then, of a wife joining in a bill with the husband, to remove a cloud from the title of the latter’s homestead. The objection…
2Cases cited25 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Pickens v. KniselyWest Virginia Supreme Court · 1886
- Moog v. StrangSupreme Court of Alabama · 1881
- Kerr v. RussellIllinois Supreme Court · 1873
20 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Wheelock v. CavittTexas Supreme Court · 1898
- Freeman v. BlountSupreme Court of Alabama · 1911
- Hayes v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1899
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
57 more not listed; retrieve them via the Exa API.