Grayson v. DuBose
Supreme Court of Alabama
Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Bill by W. T. DuBose against Mayme C. Grayson, to foreclose a mortgage, with cross bill by respondent to declare tbe mortgage void and cancel it, because given as security for the husband’s debt. From a decree granting the relief prayed by the complainant and denying relief under the cross bill, respondents appeal.
1DissentMayfield, J.
(dissenting). — The appellee filed his bill against the appellant, a married woman, to foreclose a certain mortgage on a lot in Huntsville, Ala., by her and her husband executed to appellee to secure thé payment of a note executed by appellant alone. The appellant answered the bill, and made her answer a cross-bill, thereby seeking to have the mortgage declared void, because it was executed on her property, not to secure her debt, but that of her husband, and was therefore void under the statute of this state (Code, § 4497), which prohibits the wife from directly or indirectly, becoming…
2Cases cited14 opinions
- Richardson v. StephensSupreme Court of Alabama · 1898
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Ginn v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- American Freehold Land Mortgage Co. v. ThorntonSupreme Court of Alabama · 1895
- American Mortgage Co. v. KingSupreme Court of Alabama · 1894
9 more not listed; retrieve them via the Exa API.