Birmingham Trust & Savings Co. v. Howell
Supreme Court of Alabama
. Appeal from Circuit Court, Jefferson County; Hugh1 A. Locke, Judge.’ Bill by Fannie J. Howell against the Birmingham Trust & Savings Company and others, to cancel a note and mortgage because given for,the debit of the husband. From decree for complainant, respondents appeal. Fannie J. Howell and husband jointly executed a mortgage and note to the Alabama Penny Savings Bank, which1 was transferred by it to the Birmingham Trust & Savings Bank.
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. Appeal from Circuit Court, Jefferson County; Hugh1 A. Locke, Judge.’ Bill by Fannie J. Howell against the Birmingham Trust & Savings Company and others, to cancel a note and mortgage because given for,the debit of the husband. From decree for complainant, respondents appeal. Fannie J. Howell and husband jointly executed a mortgage and note to the Alabama Penny Savings Bank, which1 was transferred by it to the Birmingham Trust & Savings Bank. The bill shows that the note and mortgage in question were given as security for the debt of complainant’s husband. Respondent demurred to th'e bill,…
1Opinion of the CourtSomerville, J.
[1] The single question presented by the appeal is whether a wife who has executed jointly with her husband a negotiable note, secured by a mortgage on her separate estate, can avoid the note and mortgage as! against a transferee who is a holder of the note in due course, as defined by section 5007 of the Code. Our cases have uniformly declared that such attempted obligations and conveyances by the wife are void, being incapable of ratification (without a new and valid consideration), and requiring no act of disaffirmance to avoid them. Code, § 4498; Union, etc., Bank v. Hartwell, 84 Ala.…
2Cases cited10 opinions
- Lamkin v. LovellSupreme Court of Alabama · 1912
- Richardson v. StephensSupreme Court of Alabama · 1898
- Scott v. TaulSupreme Court of Alabama · 1896
- Sample v. GuyerSupreme Court of Alabama · 1904
- Evans v. Faircloth-Byrd Mer. Co.Supreme Court of Alabama · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
- Fortson v. BishopSupreme Court of Alabama · 1920
- Jemison v. HowellSupreme Court of Alabama · 1935
- United States Finance Company v. JonesSupreme Court of Alabama · 1969
- People's Bank v. BarrettSupreme Court of Alabama · 1929
4 more not listed; retrieve them via the Exa API.