Milhous v. Dunham
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 2d "January, 1878, by Mrs. Anne E. Milhous, the wife (and formerly the ward) of Frank L. Milhous, against Mrs. Sallie Blackwell; and sought to foreclose a mortgage on a tract of land, called the “Davis land,” which was given to secure the payment of two notes therein particularly described, each dated March 22d 1872, and payable on the 1st January,…
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Appeal from the Chancery Court of Dallas. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 2d "January, 1878, by Mrs. Anne E. Milhous, the wife (and formerly the ward) of Frank L. Milhous, against Mrs. Sallie Blackwell; and sought to foreclose a mortgage on a tract of land, called the “Davis land,” which was given to secure the payment of two notes therein particularly described, each dated March 22d 1872, and payable on the 1st January, 1872, and 1873, respectively, to the complainant. The facts relating to the transaction of which the mortgage and notes…
1Opinion of the CourtStone, C. J.
When this case was before us at a former term — Dunham v. Milhous, 70 Ala. 596 — we laid down certain rules from which we have no wish to depart, unless the facts are so changed as to require the application of different principles. The bill, it will be seen by reference to the report of the former decision, was filed by Mrs. Milhous, to foreclose a mortgage on real estate, executed by Mrs. Blackwell. The mortgage was executed to secure the payment of certain notes, being the credit installments promised in the purchase of the lands the bill seeks to have sold. We declared, that certain trust…
2Cases cited7 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Mason v. Pate'sSupreme Court of Alabama · 1859
- Lee v. LeeSupreme Court of Alabama · 1880
- Dudley v. WitterSupreme Court of Alabama · 1871
- Powell v. WilliamsSupreme Court of Alabama · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ex Parte CowartSupreme Court of Alabama · 1917
- Wolffe v. StateSupreme Court of Alabama · 1885
- Leach v. GraySupreme Court of Alabama · 1917
- Burnwell Coal Co. v. SetzerSupreme Court of Alabama · 1919
- Sims v. RussellSupreme Court of Alabama · 1938
1 more not listed; retrieve them via the Exa API.