Goodloe v. Dean
Supreme Court of Alabama
Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. Bill by appellee, Joseph W. Dean, against the appellant, Isaac L. Goodloe et al., for foreclosure of a mortgage executed by said Goodloe and his wife to said Dean. The other defendants were prior mortgagees of a part of the land mortgaged by Goodloe and wife to Dean.
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Appeal from the Chancery Court of Colbert. Heard before the Hon. Thomas Cobbs. Bill by appellee, Joseph W. Dean, against the appellant, Isaac L. Goodloe et al., for foreclosure of a mortgage executed by said Goodloe and his wife to said Dean. The other defendants were prior mortgagees of a part of the land mortgaged by Goodloe and wife to Dean. Goodloe, among other defenses, set up in his answer, that a part of the land embraced in complainant’s mortgage was his homestead and the mortgage thereof was void because the certificate of the wife’s examination separate and apart from the husband…
1Opinion of the CourtSomerville, J.
— Under the 77th Buie of Chancery Practice (Code, 1876, p. 172), each party, on the hearing of a cause in equity, is required to name the particular witnesses whose depositions are proposed to be offered in evidence, and to designate any other testimony upon which he relies, of which the register must take a note. “Any testimony not offered in this way, and noted by the register on the minutes, must not be considered as any part of the record, nor be considered by the chancellor.” Under this rule not even the answer of a defendant can be regarded as legal testimony, or considered unless it…
2Cases cited4 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Barton v. BartonSupreme Court of Alabama · 1883
- Murphy v. Hunt, Miller & Co.Supreme Court of Alabama · 1883
- DeGraffenried v. ClarkSupreme Court of Alabama · 1883
3Cited by12 opinions
- Urbach v. UrbachWyoming Supreme Court · 1937
- Rice & Wilson v. TobiasSupreme Court of Alabama · 1887
- Carpenter v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1938
- Cowan v. Southern Railway Co.Supreme Court of Alabama · 1897
- Deramus v. DeramusSupreme Court of Alabama · 1920
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