Lamkin v. Lovell
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Irene W. Lamkin against W. S. Lovell as trustee, to cancel note and mortgage because given to secure debt of the husband. From a decree for respondent complainant appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Irene W. Lamkin against W. S. Lovell as trustee, to cancel note and mortgage because given to secure debt of the husband. From a decree for respondent complainant appeals. Under the facts in this case the note and mortgage were void, as in any event, they were given as collateral security for the debt of the husband, and rendered the wife at least indirectly responsible for the husband’s debt. — Sec. 4497, Code 1907; Evans v.. Faircloth, 165 Ala. 176; Henderson v. Brunson, 141 Ala. 674; Continental Bank v. Clark,…
1Opinion of the CourtSaybe, J.
Irene W. Lamkin filed this bill against the trustee in bankruptcy of Knight, Yancey & Co., seeking.to be relieved of the incubus of a note and mortgage, on the ground that they had been given to secure the debt of her husband. The instruments had been executed under the following circumstances: Complainant’s husband, H. T. Lamkin, was employed by Knight, Yancey & Co., cotton brokers in Decatur, and with their consent had so used their credit in New York as to become indebted to them in the sum of $2,500 on account of losses suffered while dealing in “cotton futures.” Knight, acting for…
2Cases cited9 opinions
- Fall v. EastinSupreme Court of the United States · 1909
- Hart v. SansomSupreme Court of the United States · 1884
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
- Third Nat. Bank v. TierneyCourt of Appeals of Kentucky · 1908
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3Cited by49 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Hayden v. SmithSupreme Court of Alabama · 1927
- Wilhelm v. Consolidated Oil CorporationCourt of Appeals for the Tenth Circuit · 1936
- Cousins v. CrawfordSupreme Court of Alabama · 1953
- Elkins v. Bank of HenrySupreme Court of Alabama · 1912
44 more not listed; retrieve them via the Exa API.