Blakeslee v. Mobile Life Insurance
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. HUPJOSCO Austill. The opinion states the facts. The power given in the deed is to sell, not to mortgage. Power to sell does not .authorize a mortgage. — 3 Hill, 36; 3 Barb. 128; 1 Sandf. Ch. 17; 46 Ala. 438; 5 Ala. 424. A mortgage given where the power does not authorize it, is void, and confers no right whatever. — 1 Sandf.
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Appeal from Chancery Court of Mobile. Heard before Hon. HUPJOSCO Austill. The opinion states the facts. The power given in the deed is to sell, not to mortgage. Power to sell does not .authorize a mortgage. — 3 Hill, 36; 3 Barb. 128; 1 Sandf. Ch. 17; 46 Ala. 438; 5 Ala. 424. A mortgage given where the power does not authorize it, is void, and confers no right whatever. — 1 Sandf. Ch. 17; 1 Hill, 111; 4 N. Y. (Com.) 9; 1 Sugd. on Powers, 538; 1 Powell on Mortgages, 61; 2 Chaunce on Powers, 338. The mortgage is void as to the minor. — 24 Ala. 423. The bill fails to aver that the minor •died…
1Opinion of the CourtBrickell, C. J.
This bill was filed by the appellee to foreclose a mortgage on real estate executed by the appellant on the 11th day of October, 1871. The facts as disclosed by the record, are that on the 20th day of March, 1858, the appellant, George Blakeslee, being seized of the premises, by deed conveyed them with certain slaves, to Edward S. Largan, in trust for the sole use and benefit of his wife, Mary G. Blakeslee, during the term of her natural life, and after her death, said property, both land and slaves, to be equally divided between the children of my wife and myself. But in the event that my…
2Cases cited5 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Clark v. BakerCalifornia Supreme Court · 1860
- Stewart v. AndersonSupreme Court of Alabama · 1846
- Bean v. WelshSupreme Court of Alabama · 1850
3Cited by8 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Porter v. HendersonSupreme Court of Alabama · 1919
- Carr v. MooreSupreme Court of Alabama · 1919
- Sayre v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1894
- Logue v. AtkesonCourt of Appeals of Texas · 1904
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