Dooley v. Villalonga
Supreme Court of Alabama
APPEAL from Mobile Chancery Court. Heard before Hon. H. Austell. This was a bill in equity filed by the appellee, Villalonga, against the widow and children of John Dooley, to foreclose a mortgage executed by deceased in his life-time on certain premises in the city of Mobile. The execution of the mortgage was duly acknowledged by Dooley and his wife, before a justice of the peace, who certified the same in the form prescribed by the Code.
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APPEAL from Mobile Chancery Court. Heard before Hon. H. Austell. This was a bill in equity filed by the appellee, Villalonga, against the widow and children of John Dooley, to foreclose a mortgage executed by deceased in his life-time on certain premises in the city of Mobile. The execution of the mortgage was duly acknowledged by Dooley and his wife, before a justice of the peace, who certified the same in the form prescribed by the Code. The terms of this instrument are set forth in the opinion. The chancellor decreed that complainant was entitled to relief, and upon the coming in of the…
1Opinion of the CourtManning, J.
Appellants are the widow and children of John Dooley, deceased, who in 1871, made a mortgage of the property constituting his homestead, to appellee Villalonga, as a security for borrowed money. Dooley and wife both signed the instrument and acknowledged in due form of law, the execution of it by them. This suit is for foreclosure ; and appellants deny that the deed is effectual against their right of homestead. The property belonged to John Dooley to whom individually it had been conveyed; and he alone according to the terms of the instrument, as grantor, bargained, sold and conveyed the…
2Cases cited6 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
- Jones v. DeyerSupreme Court of Alabama · 1849
- Harrison v. SimonsSupreme Court of Alabama · 1876
- Lufkin v. CurtisMassachusetts Supreme Judicial Court · 1816
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Winsett v. WinsettSupreme Court of Alabama · 1919
- McCall v. McCurdySupreme Court of Alabama · 1881
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Whitehead v. BoutwellSupreme Court of Alabama · 1928
20 more not listed; retrieve them via the Exa API.