Peeples v. Stolla
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. Htjeiosco Austill. This was a bill filed by Mrs. Catherine Peeples, by next friend, against Henry J. Peeples, her husband, and Louis C. Stolla, and sought to have declared null and void certain deeds, which she and her husband had executed to Stolla, of a certain house and lot in Mobile, and to enjoin proceedings commenced by Stolla to obtain possession.
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Appeal from Chancery Court of Mobile. Heard before Hon. Htjeiosco Austill. This was a bill filed by Mrs. Catherine Peeples, by next friend, against Henry J. Peeples, her husband, and Louis C. Stolla, and sought to have declared null and void certain deeds, which she and her husband had executed to Stolla, of a certain house and lot in Mobile, and to enjoin proceedings commenced by Stolla to obtain possession. The bill alleged that complainant was a married woman, the wife of Henry J. Peeples; that prior to her marriage to him, which took place in the month of January, 1872, she was the widow…
1Opinion of the CourtStone, J.
There is no contest raised over the first loan of money, five hundred dollars, by Stolla to Mrs. Peeples, then Mrs. Lake. This loan is admitted in the bill; and it is also admitted that Mrs. Peeples was then a femme sole. The bill describes this as’a simple contract debt, while the *57answer sets up that Mrs. Peeples [Lake] cotemporaneously executed to Stolla a mortgage on the premises in controversy to secure its payment. The testimony proves the averments of the answer, in this respect, to be true. It is thus shown that when> Mrs. Lake intermarried with Peeples, she owed Stolla five’ hundred…
2Cases cited10 opinions
- Sadler v. LanghamSupreme Court of Alabama · 1859
- West v. HendrixSupreme Court of Alabama · 1856
- McKinstry v. ConlySupreme Court of Alabama · 1847
- Brantley v. WestSupreme Court of Alabama · 1855
- Ozley v. IkelheimerSupreme Court of Alabama · 1855
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3Cited by31 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Warren v. WagnerSupreme Court of Alabama · 1883
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Smith v. SmithSupreme Court of Alabama · 1907
- Rogers v. TorbutSupreme Court of Alabama · 1877
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