Interstate Bank v. Wesley
Supreme Court of Alabama
Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. . Bill by Mrs. E. C. Wesley against the Interstate Bank to cancel a mortgage on her land, because given as security for the debt of her husband. From a decree granting relief respondent appeals. The bill as amended was not proven and there was a variance as to the date of the alleged^ mortgage.
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Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. . Bill by Mrs. E. C. Wesley against the Interstate Bank to cancel a mortgage on her land, because given as security for the debt of her husband. From a decree granting relief respondent appeals. The bill as amended was not proven and there was a variance as to the date of the alleged^ mortgage. The burden is on the wife to show that the mortgage was given to secure the debt of the husband, and that it was not the joint obligation of both of them, or that the money was not loaned to her. — Sample v. Guyer., 143 Ala. 613; First…
1Opinion of the CourtMcCLELLAN, J.
Bill by the wife (appellee) to cancel a mortgage upon her lands, upon the averred theory that the debt (to the appellant bank) it was given to secure was the debt of her husband, and hence void under the letter of Code, § 4497.
From the face of the instrument, it appears that the indebtedness in question was the joint obligation of both complainant and her husband, E. J. Wesley.
The burden of proof was assumed by complainant, and was upon her, to establish the invalidity, of the mortgage according to the theory stated.
Upon reconsideration of the entire legal evidence on the issue, our…
2Cited by5 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Elkins v. Bank of HenrySupreme Court of Alabama · 1912
- Hall v. GordonSupreme Court of Alabama · 1914
- People's Bank v. SteinhartSupreme Court of Alabama · 1914
- Myers v. SteenbergSupreme Court of Alabama · 1921