Clark v. Thompson
Supreme Court of Alabama
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
- Brown v. IsbellSupreme Court of Alabama · 1847
- Doll v. HollenbeckNebraska Supreme Court · 1886
- Bishop v. ChaseSupreme Court of Missouri · 1900
- Crutchfield v. EastonSupreme Court of Alabama · 1848
3Cited by7 opinions
- Estrada v. River Oaks Bank & Trust Co.Court of Appeals of Texas · 1977
- Thomas v. Wells Fargo Bank, N.A.Court of Civil Appeals of Alabama · 2012
- Wilkins v. RELIANCE EQUIPMENT CO.Supreme Court of Alabama · 1953
- Tennessee Valley Bank v. WilliamsSupreme Court of Alabama · 1945
- Pribus v. BushCalifornia Court of Appeal · 1981
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