Legal Opinion

Hetherington v. Hixon

Supreme Court of Alabama

Decided June 15, 1871PublishedCited by 8 opinions

Appeal from Chancery Court of Monroe. Heard before Hon. Charles Turner. The facts are stated in the opinion. (No briefs came into Reporter’s hands.)

1Opinion of the CourtB. F. Sapfold, J.

The appeal is taken from a decree foreclosing a mortgage given to secure the payment of a promissory note executed under the following circunustances : Mrs. Hetherington, during her marriage, signed, as surety for her husband, a note which had been previously made and delivered by him. After his death she executed a note for $1,000, the consideration of which was this note, and another for about $200, signed by her husband alone, with the accrued interest on both. After-wards, on being pressed to do so by the appellee, Mary Hixon, she substituted for this last obligation the note and *298mortgage,…

2Cases cited3 opinions

  1. Mooring v. Mobile Marine Dock & Mutual InsuranceSupreme Court of Alabama · 1855
  2. Smith v. Heirs of BondSupreme Court of Alabama · 1845
  3. Marshall v. Mashall'sSupreme Court of Alabama · 1868

3Cited by8 opinions

  1. Sponhaur v. MalloyIndiana Court of Appeals · 1898
  2. Smith v. PittsSupreme Court of Alabama · 1910
  3. Bank of Commerce of Sulphur v. WebsterSupreme Court of Oklahoma · 1918
  4. Thompson v. HudginsSupreme Court of Alabama · 1896
  5. Hixon v. HetheringtonSupreme Court of Alabama · 1876

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