Gilbreath v. Farrow
Supreme Court of Alabama
Appeal from Marshall Chancerj Coart. Heard before Hon. W. H. Simpson. This was a bill filed by Thomas L. Farrow against Sam Gilbreath, Sallie Gilbreath, wife of Sam Gilbreath, and G. H. Pounds, seeking to foreclose certain mortgages executed by Gilbreath and wife to complainant- and others and by such others transferred to complainant. Pounds answered admitting the allegations of the bill.
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Appeal from Marshall Chancerj Coart. Heard before Hon. W. H. Simpson. This was a bill filed by Thomas L. Farrow against Sam Gilbreath, Sallie Gilbreath, wife of Sam Gilbreath, and G. H. Pounds, seeking to foreclose certain mortgages executed by Gilbreath and wife to complainant- and others and by such others transferred to complainant. Pounds answered admitting the allegations of the bill. Sallie Gilbreath filed an answer and cross-bill setting up that she is a married woman, the wife of Sam Gilbreath, and that she was such at the time each of the notes and mortgage set out and described was…
1Opinion of the CourtTyson, J.
The bill in this cause was filed to foreclose certain mortgages made an exhibit to it executed by the respondent Gilbreath conveying certain lands described in them. On final hearing the chancellor decreed a foreclosure of one of the mortgages, the last executed, which secured a note bearing date February 10,_ 1902. The resepondent, Mrs. Gilbreath, here contends that a portion of the land conveyed .by the mortgage in equity belonged to her, notwithstanding the legal title to it was in her husband, her co-respondent, the mortgagor. This contention is based upon the theory that her husband used…
2Cases cited2 opinions
- McCall v. RogersSupreme Court of Alabama · 1884
- Shelton v. Aultman & Taylor Co.Supreme Court of Alabama · 1886
3Cited by2 opinions
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Babcock v. CollisonSupreme Court of Oklahoma · 1918