Legal Opinion

Clark v. Thompson

Supreme Court of Alabama

Decided October 14, 1915PublishedCited by 7 opinions

Appeal from Fayette Chancery Court. Heard before Hon. A. H. Benners. Bill by Ida Clark against W. A. Thompson and another to. cancel a certain mortgage because executed as surety for the debt of her husband. From a decree dismissing the bill, complainant appeals.

1Opinion of the Court

SOMERVILLE, J. —

Complainant files her bill for the cancellation of a certain mortgage executed by herself and her husband on her realty to secure their joint ne*505gotiable note. The bill alleges, and the evidence, we think, very clearly shows, that the money for which the note and- mortgage were given was lent to the husband, not to the- wife, and that her relation to the debt. was that, of a surety only. This was the finding of the chancellor, but the hill of complaint was dismissed on the theory that the respondent was a purchaser for value in due course of the note and mortgage, without…

2Cases cited4 opinions

  1. Brown v. IsbellSupreme Court of Alabama · 1847
  2. Doll v. HollenbeckNebraska Supreme Court · 1886
  3. Bishop v. ChaseSupreme Court of Missouri · 1900
  4. Crutchfield v. EastonSupreme Court of Alabama · 1848

3Cited by7 opinions

  1. Estrada v. River Oaks Bank & Trust Co.Court of Appeals of Texas · 1977
  2. Thomas v. Wells Fargo Bank, N.A.Court of Civil Appeals of Alabama · 2012
  3. Wilkins v. RELIANCE EQUIPMENT CO.Supreme Court of Alabama · 1953
  4. Tennessee Valley Bank v. WilliamsSupreme Court of Alabama · 1945
  5. Pribus v. BushCalifornia Court of Appeal · 1981

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