Marshall v. A. Shift & Son
Supreme Court of Alabama
Appeal from the 'Chancery Court of Monroe. Heard before the Hon. Thomas II. Smith. The bill in this case was filed 'by the appellant, Ida S. Marshall, 'against the appellees, A. Shill and Carl Shift, doing business under the firm name of A. Shift & Sons. The purpose of the bill and the facts of the case are sufficiently 'Stated in 'the opinion.
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Appeal from the 'Chancery Court of Monroe. Heard before the Hon. Thomas II. Smith. The bill in this case was filed 'by the appellant, Ida S. Marshall, 'against the appellees, A. Shill and Carl Shift, doing business under the firm name of A. Shift & Sons. The purpose of the bill and the facts of the case are sufficiently 'Stated in 'the opinion. The appeal is prosecuted from a decree of the chancellor denying the relief prayed for and ordering the bill dismissed, and the rendition .of this decree is assigned as error. To protect a party as a bona fide holders of commercial paper, he must show…
1Opinion of the CourtSharpe, J.
Complainant and her husband jointly gave defendants their negotiable note payable November 1, 1897, together with a mortgage on lands purporting *547to secure tlie note. , Slie sues for cancellation of the mortgage on the ground among others, that the land is her separate property and that, except as to a part of the debt which has been paid, the mortgage was given to secure a debt owing by her husband solely and is, therefore, void under the statute (Code, § 2529), which prohibits the wife to become surety for her husband’s debts directly or indirectly.
Among the defenses is a plea averring…
2Cases cited8 opinions
- Richardson v. StephensSupreme Court of Alabama · 1898
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Toulmin v. HamiltonSupreme Court of Alabama · 1845
- Colbert v. DanielSupreme Court of Alabama · 1858
- Connerly & Co. v. Planter's & Merchants' InsuranceSupreme Court of Alabama · 1880
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3Cited by1 opinion
- Drath v. ArmstrongSupreme Court of Alabama · 1932