Richardson v. Stephens
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. Jeiie N. Williams. In 1888, J. W. Stephens, the husband of E. E. Stephens, made application to the British & American Mortgage Company, Limited, for a loan of money. The loan tvas granted and made to said J. W. Stephens, and to secure the payment thereof, a mortgage Avas executed by J. W. Stejihens and his Avife, E. E. Stephens, on certain lands Avliich belonged to and Avere oAArned by the wife, E. E. Stephens.
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Appeal from the Chancery Court of Barbour. Heard before the Hon. Jeiie N. Williams. In 1888, J. W. Stephens, the husband of E. E. Stephens, made application to the British & American Mortgage Company, Limited, for a loan of money. The loan tvas granted and made to said J. W. Stephens, and to secure the payment thereof, a mortgage Avas executed by J. W. Stejihens and his Avife, E. E. Stephens, on certain lands Avliich belonged to and Avere oAArned by the wife, E. E. Stephens. Default Avas made in the payment of the debt secured by the mortgage, and the British & American Mortgage Company,…
1Opinion of the CourtSharpe, J.
— A branch of this litigation was before this court in an action of ejectment brought by this appellant foe possession of the land included in this mortgage. — Richardson v. Stephens, 114 Ala. 238. In that case the character of the transaction was considered under the proof there appearing, and it Avas held that the debt secured by the mortgage of Mrs. Stephens was that of her husband. The proof in the present case does not present the matter in any different 'aspect. It sIioavs without conflict that John W. Stephens alone applied for and obtained the loan upon the representation that the…
2Cases cited9 opinions
- Barton v. BartonSupreme Court of Alabama · 1883
- Bynum v. GoldSupreme Court of Alabama · 1894
- Langan v. SankeySupreme Court of Iowa · 1880
- Lansden v. BoneSupreme Court of Alabama · 1890
- Richardson v. StephensSupreme Court of Alabama · 1896
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