McDonald v. Mobile Life Insurance
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Charles Turner. The bill in this case was filed on the 13th October, 1874, by the Mobile Life Insurance Company, against Mrs. Cynthia Ann McDonald and others; and sought an account and foreclosure of several mortgages on town lots in Birmingham, executed by Mrs. McDonald.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Charles Turner. The bill in this case was filed on the 13th October, 1874, by the Mobile Life Insurance Company, against Mrs. Cynthia Ann McDonald and others; and sought an account and foreclosure of several mortgages on town lots in Birmingham, executed by Mrs. McDonald. The complainant’s-mortgages were three in number, dated the 26th July, 1872, the 30th January, 1873, and the 15th February, 1873, respectively ; each of which was given to secure the payment of á promissory note executed by Mrs. McDonald to the complainant,…
1Opinion of the CourtStone, J.
The general rule of law is, that a married woman can make no contract which will bind her personally, and can make no pledge of her property which will operate as a valid mortgage-security for a debt, whether contracted by another, or attempted to be contracted by herself. — Marquis v. Gibson, 29 Ala. 668; Childress v. Mann, 33 Ala. 206; Bibb v. Pope, 43 Ala. 190; Davidson v. Lanier, 51 Ala. 318. It follows from this principle, that when a married woman is sought to be held personally accountable on her alleged contracts, it is necessary to show that she does not rest under *470tbe general…
2Cases cited8 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Cockrell v. GurleySupreme Court of Alabama · 1855
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Bibb v. PopeSupreme Court of Alabama · 1869
- Childress v. Mann & Co.Supreme Court of Alabama · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Sylvest v. StowersSupreme Court of Alabama · 1964
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
- Majors v. KillianSupreme Court of Alabama · 1935
- Jackson Realty Co. v. YeatmanSupreme Court of Alabama · 1929
48 more not listed; retrieve them via the Exa API.