New England Mortgage Security Co. v. Powell
Supreme Court of Alabama
Appeals from the Chancery and Circuit Courts of Montgomery. Before Hon. John A. Foster, and Hon. John P. Hubbard. These two cases, involving the same facts and legal points, were argued and submitted together. The facts, stated in brief, are these: On the 21st of December, 1878, a petition was filed with the register in chancery at Montgomery, by Mrs. Virginia D. Powell, the wife oí James VV.
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Appeals from the Chancery and Circuit Courts of Montgomery. Before Hon. John A. Foster, and Hon. John P. Hubbard. These two cases, involving the same facts and legal points, were argued and submitted together. The facts, stated in brief, are these: On the 21st of December, 1878, a petition was filed with the register in chancery at Montgomery, by Mrs. Virginia D. Powell, the wife oí James VV. Powell, praying relief from the disabilities of coverture under the statutes then in force (Code of 1876, § 2781); and a decree was rendered in her favor by the chancellor, in vacation, on the 26th of…
1Opinion of the CourtMcCLELLAN, J.
— These cases involve the same questions, and were submitted together. Those questions are, first, whether a decree in 1878, having for its purpose the relief of Mrs. Powell from the disabilities of coverture, to the extent and as provided in section 2731 of the Code of 1876, is void for insufficiency of the petition filed to that end; and, second, -whether, conceding the invalidity of that decree, the mortgages upon which the claim of the New England Mortgage Security Company is rested, -were validated by an attempted ratification on the part of the married woman after the enactment of…
2Cases cited2 opinions
- Hetherington v. HixonSupreme Court of Alabama · 1871
- Powell v. New England Mortgage & Security Co.Supreme Court of Alabama · 1888
3Cited by2 opinions
- Lerch v. BarnesSupreme Court of Florida · 1911
- Black v. MoseleySupreme Court of Alabama · 1892