Bynum v. Frederick
Supreme Court of Alabama
Appeal from tlie Chancery Court of Lee. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by the appellee, Penelope Frederick, against the appellants, Jack and Ellen Bynum, for the foreclosure of a mortgage, on certain lands embraced therein, made by appellants to appellee.
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Appeal from tlie Chancery Court of Lee. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by the appellee, Penelope Frederick, against the appellants, Jack and Ellen Bynum, for the foreclosure of a mortgage, on certain lands embraced therein, made by appellants to appellee. The original bill was filed in the name of appellee as sole complainant, and alleged, among other things, that the complainant was a married woman, the wife of one William Frederick, and that the mortgage was given to complainant by appellants to secure a note made by them to complainant. The…
1Opinion of the CourtStone, C. J.
— The fourth ground of demurrer to the original bill ought to have been sustained. A married woman, not relieved of the disabilities of coverture, can not sue alone in a chancery court. — Sawyers v. Baker, 72 Ala. 49 ; Sims v. National Commercial Bank, 73 Ala. 248 ; Skinner v. Chapman, 78 Ala. 376.
There is nothing in the main question relied on in defense. The husband was entitled to the wife’s earnings; and the payment for the lot, made with the wife’s earnings, must be treated as a payment made by the husband, so far as the rights of the mortgagee, or other creditors of the husband are…
2Cases cited6 opinions
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Sawyers v. BakerSupreme Court of Alabama · 1882
- Sims v. National Commercial BankSupreme Court of Alabama · 1882
- McLemore v. PinkstonSupreme Court of Alabama · 1857
- Shaeffer v. SheppardSupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Tompkins v. DrennenSupreme Court of Alabama · 1891
- Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
- Bedell v. New England Mortgage Security Co.Supreme Court of Alabama · 1890
- Seed v. BrownSupreme Court of Alabama · 1912
- Jefferson v. EdringtonSupreme Court of Arkansas · 1890
9 more not listed; retrieve them via the Exa API.