Preiss v. Campbell
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. HüPiOSCO Austill. John A. Campbell filed in the Chancery Court of Montgomery a bill of complaint, praying for a writ of injunction against Philip Preiss, restraining him from selling land described in' a mortgage which had been assigned to him.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. HüPiOSCO Austill. John A. Campbell filed in the Chancery Court of Montgomery a bill of complaint, praying for a writ of injunction against Philip Preiss, restraining him from selling land described in' a mortgage which had been assigned to him. The bill of complaint alleged, that on the 9th day of February, 1871, the complainant and his wife had executed a mortgage of land, therein described, to Matthew C. Stokes, to secure the payment of a bill of exchange. The debt and mortgage had been assigned to the defendant.…
1Opinion of the Court
BRICKELL, C. J.—
The first point on which we suppose it was intended the equity of the bill in this case should depend has been decided adversely to the complainant in several cases at the last term.—Miller v. Marx, 55 Ala. 322; Coleman v. Smith, ib. 369; Weber v. Short, ib. 311; Lyons v. Conner, 57 Ala. 181. Under the authority of these cases, we must hold if the mortgage to Stokes, executed in 1871 (prior to the act approved April 23, 1873), was an alienation of the homestead, being acknowledged by the mortgagor and his wife in the form prescribed by the *637statute for the acknowledgment of…
2Cases cited4 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- McConnaughy v. BaxterSupreme Court of Alabama · 1876
- Wilson v. BrownSupreme Court of Alabama · 1877
- Lyons v. ConnorSupreme Court of Alabama · 1876
3Cited by7 opinions
- Blum v. CarterSupreme Court of Alabama · 1879
- Murphy v. Hunt, Miller & Co.Supreme Court of Alabama · 1883
- Snedecor v. FreemanSupreme Court of Alabama · 1881
- Frazier v. EspallaSupreme Court of Alabama · 1929
- Hardy v. Sulzbacher & Bro.Supreme Court of Alabama · 1878
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