Delony v. O'Reilly

THOMAS, Justice.

The decree appealed from annulled the mortgage and debt prayed for in the original bill and dismissed the cross-bill praying for foreclosure.

The bill was filed under section 8272 of the Code of 1923, to enjoin foreclosure of mortgage on the theory that it was the wife’s lands and that the debt was that of the husband.

The respective rights of husband, wife, and mortgagee, as affecting the wife’s lands, have been considered at length in Dewberry v. Bank of Standing Rock, 227 Ala. 484, 150 So. 463, on redemption; on cancellation as within section 8272 of the Code of 1923, in…