Vancleave v. Wilson
Supreme Court of Alabama
Aureal from St. Clair Chancery Court. Heard before Hon. N. S. Graham. •As originally filed, this was a bill in equity by John M. Yan■eleave and Elizabeth F. Yancleave, his wife, against John C. Wilson, and Susan Wilson, his wife, seeking, among other things, to have vacated and set aside an absolute conveyance of a homestead, executed by the complainants, and to enjoin a judgment obtained in unlawful detainer against John M." Yafteleave, before "a justice of the peace, for…
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Aureal from St. Clair Chancery Court. Heard before Hon. N. S. Graham. •As originally filed, this was a bill in equity by John M. Yan■eleave and Elizabeth F. Yancleave, his wife, against John C. Wilson, and Susan Wilson, his wife, seeking, among other things, to have vacated and set aside an absolute conveyance of a homestead, executed by the complainants, and to enjoin a judgment obtained in unlawful detainer against John M." Yafteleave, before "a justice of the peace, for tlie recovery of the land in question. A demurrer interposed to the bill by the defendants having been sustained by the…
1Opinion of the Court
•SOMERVILLE, J.
— The decisions of this court settle the principle, that where an instrument is procured to be executed by duress, and the mortgagee or other purchaser for a valuable consideration does not participate in such wrongful act, and has no notice of it, the validity of the conveyance is in no wise affected or vitiated. — Moog v. Strong, 69 Ala. 98. And it has been expressly held that this principle holds equally well, when applied to the case of duress practiced by a husband upon his wife in obtaining her signature to a conveyance which is invalid’ without it. — Rogers v. Adams, 66…
2Cases cited14 opinions
- Moog v. StrangSupreme Court of Alabama · 1881
- Fellows v. LewisSupreme Court of Alabama · 1880
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Abrams v. WatsonSupreme Court of Alabama · 1877
- Dooley v. VillalongaSupreme Court of Alabama · 1878
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- Royal v. GossSupreme Court of Alabama · 1907
- Edinburgh American Land Mortgage Co. v. PeoplesSupreme Court of Alabama · 1893
11 more not listed; retrieve them via the Exa API.