Legal Opinion

Gibson v. Wallace

Supreme Court of Alabama

Decided June 30, 1906PublishedCited by 8 opinions

Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. This was a bill filed by W. K. Wallace to foreclose a mortgage executed to him by E. R. Gibson, a married woman. The facts are sufficiently stated in the opinion of the court. From a decree granting the relief prayed this appeal is prosecuted.

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Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. This was a bill filed by W. K. Wallace to foreclose a mortgage executed to him by E. R. Gibson, a married woman. The facts are sufficiently stated in the opinion of the court. From a decree granting the relief prayed this appeal is prosecuted. If the debt secured by the note and mortgage was that of the husband the wife’s property cannot be sold to pay it, although she executed the mortgage.— § 2529, code 1896; Continental Bank v. Clark, 1Í7 Ala. 292; Richardson v. Stephens, 114 Ala. 238. If the appellant executed the…

1Opinion of the Court

WEAKLEY, O. J.

The bill was filed by W. K. Wallace against E. R. Gibson, a married woman, to foreclose a mortgage executed by her with the consent and concurrence of her husband upon her property. The mortgage recites that she was indebted to the mortgagee in a certain sum, evidenced by a described instrument of even date, and this instrument, which is exhibited with the bill, is the note of both husband and wife, her signature being first written.

The defenses are two in number: First, that she executed the mortgage under the duress of- the husband, of which the mortgagee had knowlede; and…

2Cases cited4 opinions

  1. Jones & Co. v. TuckerSupreme Court of Alabama · 1901
  2. Mohr v. GriffinSupreme Court of Alabama · 1902
  3. Lunsford v. HarrisonSupreme Court of Alabama · 1901
  4. Walker v. NicrosiSupreme Court of Alabama · 1902

3Cited by8 opinions

  1. Lester v. JacobsSupreme Court of Alabama · 1925
  2. Cox v. BrownSupreme Court of Alabama · 1916
  3. Mills v. Hudmon & Co.Supreme Court of Alabama · 1912
  4. Citizens Bank of Moulton v. BurksSupreme Court of Alabama · 1942
  5. National City Bank of Mobile v. BarretSupreme Court of Alabama · 1928

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