Knight v. Coleman
Supreme Court of Alabama
Appeal from tlie Chancery Court of Mobile. Tried before the Hon. William H. Tayloe. This bill was filed June 29, 1896, to foreclose a mortgage executed by the defendant on April 4, 1893. The bill avers that complainant is the administrator of A. C. Smith, deceased, who died intestate on April 19, 1896 ; that letters of administration were granted to complainant by the probate court of Mobile county on June 10, 1896 ; that there came into complainant’s possession as part of…
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Appeal from tlie Chancery Court of Mobile. Tried before the Hon. William H. Tayloe. This bill was filed June 29, 1896, to foreclose a mortgage executed by the defendant on April 4, 1893. The bill avers that complainant is the administrator of A. C. Smith, deceased, who died intestate on April 19, 1896 ; that letters of administration were granted to complainant by the probate court of Mobile county on June 10, 1896 ; that there came into complainant’s possession as part of the assets of said estate a mortgage, bearing date April 4, 1893, signed by Elvira Coleman, wherein she mortgaged to said…
1Opinion of the CourtColeman, J.
The appellant, as the administrator of A. G. Smith, filed his bill in the chancery court, for the foreclosure of a mortgage averred to have been executed by appellee to complainant’s intestate. The respondent rested her defense upon two grounds : First, that she was a married woman, and a'minor at the time of the signing of the mortgage ; and second, that there was no consideration for the mortgage. Upon the question of minority the evidence is conflicting, and we can not say that respondent has reasonably established her minority at the time of the execution of the mortgage. We are of…
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