Farrior v. New England Mortgage Security Co.
Supreme Court of Alabama
Appear from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. In May, 1883, James S. Farrior and Minnie E. Farrior, his wife, borrowed some money from the appellant loan company; and to secure the payment thereof, executed their joint notes and joint mortgage on certain lands, among which were included land belonging to the separate estate of the said Minnie E. Farrior.
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Appear from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. In May, 1883, James S. Farrior and Minnie E. Farrior, his wife, borrowed some money from the appellant loan company; and to secure the payment thereof, executed their joint notes and joint mortgage on certain lands, among which were included land belonging to the separate estate of the said Minnie E. Farrior. This indebtedness, as evidenced by the note and secured by the mortgage, was not paid; and the loan company tiled its bill of complaint, asking for a foreclosure of said mortgage. This bill was several times…
1Opinion of the CourtColeman, J.
Many of the questions raised by the pleadings in this case, have been considered and adjudicated in recent decisions in this court.— New Eng. Mort. Sec. Co. v. Ingram, 91 Ala. 337; 8 So. Rep. 140; Nelms v. Edinburgh Amer. Land Mort. Co., supra; 8 So. Rep. 141; Amer. Freehold land Mort. Co. v. Sewell, supra; 8 So. Rep. 143.
The one question, oí' supreme importance presented for review in this record, did not arise in either of the foregoing cases cited.
On or about May 1st, 1883, in order to procure a loan from the New Eng. Mort. Security Co., J. S. Farrior and his wife, Minnie E. Farrior,…
2Cases cited14 opinions
- Douglass v. County of PikeSupreme Court of the United States · 1880
- Shelby v. GuySupreme Court of the United States · 1826
- Boyd v. AlabamaSupreme Court of the United States · 1877
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