Morriss v. O'Connor
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Joel W. Golsby, Judge. Bill by Mary A. O'Connor against Mrs. E. II. Morriss and another to cancel mortgage because giveu to secure her husband’s debt aud because obtained under duress and coercion. From a decree granting the relief prayed, the respondent Morriss appeals.
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Appeal from Circuit Court, Mobile County; Joel W. Golsby, Judge. Bill by Mary A. O'Connor against Mrs. E. II. Morriss and another to cancel mortgage because giveu to secure her husband’s debt aud because obtained under duress and coercion. From a decree granting the relief prayed, the respondent Morriss appeals. Knowledge acquired by Staples in discharge of his duties as vice president of the bank cannot be imputed to the respondent, although he subsequently became her agent. 185 Ala. 221, 64 South. 82; 201 Ala. 497, 78 South. 851; 31 Cyo. 1447 ; 99 Ala. 612, 12 South. 810; 14 Ala. 84; 83…
1Opinion of the CourtMiller, J.
Mary A; O’Connor, wife of Thomas J. O’Connor, files this bill against Mrs. Emma H. Morriss to cancel and annul a mortgage, a note for $5,000 principal, and several interest notes, all secured by the mortgage, on her home and other real estate. She seeks their cancellation because they were given by her to secure her husband’s debt; they were obtained by duress and-without consideration. The defendant by answer avers she paid $5,000 cash for said note's and mortgage; that they were made and payable to a third person; and that she is a bona fide purchaser of them before they matured without any…
2Cases cited8 opinions
- Lamkin v. LovellSupreme Court of Alabama · 1912
- Hanners v. StateSupreme Court of Alabama · 1906
- Martin v. EvansSupreme Court of Alabama · 1909
- Vinegar Bend Lumber Co. v. LeftwichSupreme Court of Alabama · 1916
- Glass & Co. v. HaygoodSupreme Court of Alabama · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Lester v. JacobsSupreme Court of Alabama · 1925
- Alabama Chemical Co. v. HallSupreme Court of Alabama · 1926
- Rollings v. GunterSupreme Court of Alabama · 1924
- Smith v. D. Rothschild Co.Supreme Court of Alabama · 1924
5 more not listed; retrieve them via the Exa API.