Sloan v. Frothingham
Supreme Court of Alabama
Appeal from tbe Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. The bill in this case -was filed on the 9th August, 1879, by Mrs. Maria L. Sloan, a married woman, suing by her next friend, against her husband, Edward A. Sloan, James H. Frothingham, and several other persons ; and sought to set aside a sale of certain real estate, made under a power in a mortgage executed by Robert R. Belshaw and others to Charles B. Tatham, of New York, and to have the…
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Appeal from tbe Chancery Court at Montgomery. Heard before tbe Hon. H. Austill. The bill in this case -was filed on the 9th August, 1879, by Mrs. Maria L. Sloan, a married woman, suing by her next friend, against her husband, Edward A. Sloan, James H. Frothingham, and several other persons ; and sought to set aside a sale of certain real estate, made under a power in a mortgage executed by Robert R. Belshaw and others to Charles B. Tatham, of New York, and to have the property sold in foreclosure and satisfaction of a mortgage 'given by said Belshaw to the complainant and her husband; also,…
1Opinion of the CourtBrickell, C. J.
— Of the numerous causes of demurrer, the chancellor sustained only the third, fifth, seventh, tenth, twelfth, thirteenth and fourteenth, of those assigned by Erothingham and others, all other causes being overruled. "Whether these causes of demurrer are well taken, is the only question which can be now considered, however patent may *597be the insufficiencies of the bill in other respects, which are capable of being cured by amendment in the court below. These causes of demurrer resolve themselves really into two questions, which may be thus stated : first, whether the sale made by the…
2Cases cited2 opinions
- Keer v. Devises of MoonSupreme Court of the United States · 1824
- Welsh v. PhillipsSupreme Court of Alabama · 1875
3Cited by9 opinions
- Dinkins v. LathamSupreme Court of Alabama · 1918
- Sessions v. BoykinSupreme Court of Alabama · 1884
- Phillips v. PhillipsSupreme Court of Alabama · 1925
- Sloan v. FrothinghamSupreme Court of Alabama · 1882
- Summerford v. HammondSupreme Court of Alabama · 1914
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