Marbury Lumber Co. v. Woolfolk
Supreme Court of Alabama
Appeal from Russell Chancery Court. Heard before Hon. L. D. Gardner. Bill by the Marbury Lumber Company against Virginia H. and W. H. Woolfolk to foreclose a mortgage. Cross bill by the wife setting up that the mortgage on her property was void because given to secure the husband’s debt. There was decree granting relief to the cross complainant, and complainant appeals.
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Appeal from Russell Chancery Court. Heard before Hon. L. D. Gardner. Bill by the Marbury Lumber Company against Virginia H. and W. H. Woolfolk to foreclose a mortgage. Cross bill by the wife setting up that the mortgage on her property was void because given to secure the husband’s debt. There was decree granting relief to the cross complainant, and complainant appeals. The cross complainant has failed to make out the case alleged in the crossbill, but is liable as principal under the contract and her mortgage to- secure the same is valid and enforceable. — Miles v. Hudmon & Go., 7 South.…
1Opinion of the Court
SAYRE, J. —
Complainant company (appellant) filed this bill to foreclose a mortgage it had taken on properties belonging in severalty to W. H. and Virginia Woolfolk, man and wife, to secure what purported to be a loan of money to them. Foreclosure was decreed as to the lands and other property of the husband; but, on the wife’s cross-bill, her lands were relieved of the mortgage and the instrument canceled, on the ground that it was given as security for the husband’s undertaking. From the decree, in so far as it denied foreclosure against the wife’s property and granted relief on her…
2Cases cited3 opinions
- American Freehold Land Mortgage Co. v. ThorntonSupreme Court of Alabama · 1895
- Lunsford v. HarrisonSupreme Court of Alabama · 1901
- Bashinsky v. SealsSupreme Court of Alabama · 1902
3Cited by12 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Rollings v. GunterSupreme Court of Alabama · 1924
- Vinegar Bend Lumber Co. v. LeftwichSupreme Court of Alabama · 1916
- Page v. StateAlabama Court of Appeals · 1960
- Sansom v. SturkieSupreme Court of Alabama · 1944
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