Black v. Moseley
Supreme Court of Alabama
Appeal from Decatur City Court, in equity. Heard before tbe Hon. W. H. Simpson. Tbe bill in this case was filed by tbe appellee, William Moseley, against .the appellant, Mrs Martha A. Black, on Oct. 26,1891; and prayed that a foreclosure sale under a mortgage, at which the complainant became the purchaser, be ratified and confirmed, or at the option of the defendant, the mortgagor, that a resale be made.
Read the full summary
Appeal from Decatur City Court, in equity. Heard before tbe Hon. W. H. Simpson. Tbe bill in this case was filed by tbe appellee, William Moseley, against .the appellant, Mrs Martha A. Black, on Oct. 26,1891; and prayed that a foreclosure sale under a mortgage, at which the complainant became the purchaser, be ratified and confirmed, or at the option of the defendant, the mortgagor, that a resale be made. The allegations of the bill disclose substantially the following facts : Mrs. Martha A. Black, a married woman, filed a petition in the Chancery Court of Morgan county, Alabama, on October…
1Opinion of the CourtColeman, J.
The only material question presented by the record is, as to the validity of the decree of the chancellor, proceeding; under section 2731 of the Code of 1876, by which the plaintiff was relieved of certain disabilities of coverture. The decree of the chancellor is in precise accord with the statute. The contention arises upon the sufficiency of the petition, upon which the decree was rendered. The petition states “that she is a married woman, the wife of "William B. Black, that she is of lawful age,” and states the place of her residence. It avers ownership of a statutory separate estate…
2Cases cited5 opinions
- Meyer & Co. v. SulzbacherSupreme Court of Alabama · 1884
- Falk v. HechtSupreme Court of Alabama · 1883
- Powell v. New England Mortgage & Security Co.Supreme Court of Alabama · 1888
- Mohr v. Senior & SonSupreme Court of Alabama · 1887
- New England Mortgage Security Co. v. PowellSupreme Court of Alabama · 1891