Legal Opinion

Mills v. Hudmon & Co.

Supreme Court of Alabama

Decided February 17, 1912PublishedCited by 13 opinions

Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by Hudmon &• Company against A. B. Mills & Company. Judgment for plaintiffs and defendants appeal.

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Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. Ejectment by Hudmon &• Company against A. B. Mills & Company. Judgment for plaintiffs and defendants appeal. The wife cannot become the surety of the husband and a mortgage of her lands to secure the husband’s debt is void.— Richardson v. Stephens, 114 Ala. 238; McNeil et al. v. Davis & Sons, 105 Ala. 657; Elston v. Comer, 108 Ala. 76; Richardson v. Stephens, 122 Ala. 301; Clements v. Draper Mathis é Co., 108 Ala. 211; McCrary v. Williams, 127 Ala. 353; Henderson v. Brunson, 141 Ala. 674. The invalidity of such mortgage may…

1Opinion of the CourtSomerville, J.

On May 1, 1907, the plaintiff Hudmon & Co. sold to Annie B. Mills 60 acres of land, and executed and delivered to her the deed therefor, for a consideration of $1,196.28. On the same day Annie B. *451Mills, and lier husband, J. D. Mills, who are here sued as codefendants, jointly executed a mortgage to plaintiff conveying said 60 acres of land, another 80-acre tract, and certain sawmill machinery and. appurtenances. The mortgage recites that it is given to secure the payment of the mortgagors’ two certain promissory notes of even date for $918.67 each, payable one in January, 1908, and one in…

2Cases cited6 opinions

  1. Jackson v. TribbleSupreme Court of Alabama · 1908
  2. Sample v. GuyerSupreme Court of Alabama · 1904
  3. Mohr v. GriffinSupreme Court of Alabama · 1902
  4. Lunsford v. HarrisonSupreme Court of Alabama · 1901
  5. Gibson v. WallaceSupreme Court of Alabama · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
  2. Lester v. JacobsSupreme Court of Alabama · 1925
  3. Cox v. BrownSupreme Court of Alabama · 1916
  4. Mobile County v. LinchSupreme Court of Alabama · 1916
  5. Trotter Bros. v. DownsSupreme Court of Alabama · 1917

8 more not listed; retrieve them via the Exa API.

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