Garner v. Bond
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. H. Austill. The appellant, Helen Garner, filed her bill against the administrator, widow, and heirs-at-law of John II. Garner, to foreclose a mortgage on certain real estate in the city of Mobile, made by the deceased in his life-time.
Read the full summary
Appeal from Mobile Chancery Court. Heard before Hon. H. Austill. The appellant, Helen Garner, filed her bill against the administrator, widow, and heirs-at-law of John II. Garner, to foreclose a mortgage on certain real estate in the city of Mobile, made by the deceased in his life-time. The pleadings and proof disclose the following state of facts: John H. Garner owned a house and lot in the city of Mobile, which had been for many years the home of himself and family, and continued to be such up to the time of his death, which took place in August, 1876, since which time it has been occupied…
1Opinion of the CourtBrickell, C. J.
The constitution of 1868, operative at the execution of the mortgage, and which must determine its validity, so far as it depends upon constitutional provision, like the present constitution, declared, that no mortgage or other alienation of the homestead, by the owner thereof, if a married man, should be valid without the voluntary signature and assent of the wife. No particylar mode of signing, or expressing the assent, was prescribed. Prior to the statute of April 23,1873, (Pamph. Acts 1872-3, p. 64), if the wife joined in the execution of the conveyance, and it was acknowledged, or…
2Cases cited4 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Chambers v. McPhaulSupreme Court of Alabama · 1876
- Taylor's Administrator v. Taylor's ChildrenSupreme Court of Alabama · 1875
3Cited by8 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- DeGraffenried v. ClarkSupreme Court of Alabama · 1883
- Snedecor v. FreemanSupreme Court of Alabama · 1881
3 more not listed; retrieve them via the Exa API.