Denniston v. Alabama Gold Life Insurance
Supreme Court of Alabama
Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham, The bill in this cause was filed on 31st October, 1877, by the “Alabama Gold Life Insurance Company, a corporation by the laws of the State of Alabama,” against Edward and Josephine Denniston, seeking the foreclosure of a mortgage executed by the defendants to the “Alabama Gold 'Life Insurance Company,” on three several lots of land in the city of Opelika, to secure the payment of a note made by the defendants,…
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Appeal from Lee Chancery Court. Heard before Hon. N. S. Graham, The bill in this cause was filed on 31st October, 1877, by the “Alabama Gold Life Insurance Company, a corporation by the laws of the State of Alabama,” against Edward and Josephine Denniston, seeking the foreclosure of a mortgage executed by the defendants to the “Alabama Gold 'Life Insurance Company,” on three several lots of land in the city of Opelika, to secure the payment of a note made by the defendants, and payable to the “Alabama Gold Life Insurance Company.” Copies of the note and mortgage are exhibited with the bill;…
1Opinion of the CourtStone, J.
— The averment in the amended bill, by which it is attempted to show Mrs. Denniston had an equitable separate estate in the lot mortgaged, is that it was conveyed to the husband and wife “and their heirs and assigns, to their own use and behoof in fee simple.” This clause contains no word that excludes the marital rights of the husband, and consequently fails to show that Mrs. Denniston’s right in and to the lot was an equitable separate estate. It is not shown she had any power to make the mortgage. — Coleman v. Smith, 55 Ala. 368; Conner v. Williams, 57 Ala. 131; Millar v. Voss, 62 Ala. 122.
2Cases cited9 opinions
- Beaty v. Lessee of KnowlerSupreme Court of the United States · 1830
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1876
- City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
- Utica Insurance v. ScottNew York Supreme Court · 1821
- Coleman v. SmithSupreme Court of Alabama · 1876
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