Minchener v. Henderson
Supreme Court of Alabama
Appeal from Pike Chancery Court. Heard before Hon. L. D. Gardner. Bill by Rena Minchener against Fox Henderson to annul a mortgage because given as security for the husband’s debt, with cross bill by Henderson to declare the deeds conveying the land to the wife fraudulent and void as to him. From a decree for respondent complainant appeals.
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Appeal from Pike Chancery Court. Heard before Hon. L. D. Gardner. Bill by Rena Minchener against Fox Henderson to annul a mortgage because given as security for the husband’s debt, with cross bill by Henderson to declare the deeds conveying the land to the wife fraudulent and void as to him. From a decree for respondent complainant appeals. Where error affirmatively appears injury is presumed unless the contrary affirmatively appears. — Nelson v. State, 120 Ala. 83; Glewis v. Malone, 131 Ala. 469. Injury affirmatively, appears here. Henderson was not a subsisting creditor at the time of the…
1Opinion of the CourtMcCLELLAN, J.
Rena Minehener, the wife of J. R. Minehener, filed her bill against Fox Henderson, praying the cancellation of a mortgage, for $2,130.62, executed, on December 4, 1907, by complainant along with her husband to secure the payment of the husband’s note for that amount to Henderson. The mortgage was upon a certain lot in Troy, Ala., which had been conveyed, as a gift, by J. R. Minchener’s father to him on August 16, 1906. On May 21, 1907, J. R. Minehener made a voluntary conveyance of this lot (less a part sold to Wood) to his wife. It is upon this conveyance that complainant rests her title to…
2Cases cited1 opinion
- Kling v. TunstallSupreme Court of Alabama · 1899
3Cited by4 opinions
- Carson v. SleighSupreme Court of Alabama · 1917
- J. E. Butler & Co. v. A. G. Henry & Co.Supreme Court of Alabama · 1918
- Roach v. OliveSupreme Court of Alabama · 1923
- First National Bank v. Cripple Creek State BankSupreme Court of Colorado · 1916