Elkins v. Bank of Henry
Supreme Court of Alabama
Appeal from Henry Chancery Court. Heard before Hon. L. D. Gardner. Bill by Sarah A. Elkins against the Bank of Henry to cancel a mortgage as a cloud on title and deliver it up because given as security for the debt of her husband. From a decree for respondent complainant appeals.
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Appeal from Henry Chancery Court. Heard before Hon. L. D. Gardner. Bill by Sarah A. Elkins against the Bank of Henry to cancel a mortgage as a cloud on title and deliver it up because given as security for the debt of her husband. From a decree for respondent complainant appeals. The wife was not present, no agency is sIioavu and no act or conduct of the wife from Avhich an inference can be drawn that she acquiesced in or ratified the acts of her husband. — Warren v. Wagner, 75 Ala. 189; Martin v. Shipley, 75 Ala. 447; Tanner, et al. v. Hall, 86 Ala. 305. The mortgage in this case Avas no…
1Opinion of the Court
db GRAFFENRIED, J.
Sarah A. Elkins filed this bill in the chancery court of Henry county against the Bank of Henry, a corporation, for the purpose of having cancelled, as a cloud upon the title to certain of her lands, a certain mortgage which she, with her husband, D. M. Elkins, executed and delivered to said bank on the 12th day of March, 1908. The mortgage was duly executed by the wife, with her husband, on said day, to secure a note for $1,535.96, which matured on October 1, 1908, and in which it is recited that the wife made the note as principal, and that the husband signed the same as…
2Cases cited2 opinions
- Lamkin v. LovellSupreme Court of Alabama · 1912
- Interstate Bank v. WesleySupreme Court of Alabama · 1912
3Cited by23 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Hall v. GordonSupreme Court of Alabama · 1914
- Rollings v. GunterSupreme Court of Alabama · 1924
- Van Derslice v. Merchants' BankSupreme Court of Alabama · 1925
- Vinegar Bend Lumber Co. v. LeftwichSupreme Court of Alabama · 1916
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