Sloan v. Frothingham
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 9th August, 1879, by Maria L. Sloan, the wife of Edward A. Sloan, against her said husband, James II.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster. The original bill in this case was filed on the 9th August, 1879, by Maria L. Sloan, the wife of Edward A. Sloan, against her said husband, James II. Frothingham, and several other persons; and sought to set aside a sale of certain real estate in the city of Montgomery, known as the “Belshaw corner,” which had been made under a power contained in a mortgage executed by Robert R. Belshaw and James W. Powell to Charles B. Tatham, of New York; to have the property sold, in foreclosure and satisfaction of a junior…
1Opinion of the CourtBbickell, C. J.
The first question presented in the argument of counsel is, whether Mrs. Sloan has such an interest in the annuity payable to herself and husband during their joint lives, as entitles her to maintain a bill for the foreclosure of the mortgage given to secure its payment, and to redeem from the senior mortgage upon the same premises.
By the common law, obligations or promises for the payment of money to the wife, or to husband and wife jointly, made during coverture, on the death of the husband without having reduced them to possession, or without having done some act in disaffirmance of the…
2Cases cited12 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- SOULARD AND OTHERS v. United StatesSupreme Court of the United States · 1830
- Draper v. JacksonMassachusetts Supreme Judicial Court · 1820
- Warner v. LucasOhio Supreme Court · 1840
- Walthall v. GoreeSupreme Court of Alabama · 1860
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Powers v. AndrewsSupreme Court of Alabama · 1887
- American Freehold Land Mortgage Co. v. PollardSupreme Court of Alabama · 1902
- Alexander v. HicksSupreme Court of Alabama · 1942
- Donegan v. DoneganSupreme Court of Alabama · 1893
11 more not listed; retrieve them via the Exa API.