Clement v. Draper Mathis & Co.
Supreme Court of Alabama
Appeal from Clay Chancery Court. Heard before Hon. S. K. McSpáddeN. This bill was filed by the appellees, Draper Mathis & Co. against the appellants Benjamin Clement and Tem-py Clement, who were husband and wife, and sought •the foreclosure of two mortgages executed to them upon the property of the wife, alleging that the debt secured was the debt of the wife.
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Appeal from Clay Chancery Court. Heard before Hon. S. K. McSpáddeN. This bill was filed by the appellees, Draper Mathis & Co. against the appellants Benjamin Clement and Tem-py Clement, who were husband and wife, and sought •the foreclosure of two mortgages executed to them upon the property of the wife, alleging that the debt secured was the debt of the wife. The bill and mortgage described a portion of the land as “lot No. 1312, a part of the west half of the south east quarter of section, lying west of Enitachopco creek in section twenty-nine, township twenty-one range eight.” Other lots…
1Opinion of the CourtColeman, J.
Draper, Mathis & Co., a partnership engaged in the mercantile business, filed the present bill to foreclose a mortgage executed by B. A. Clement and his wife Tempy Clement, on certain lands, to secure the. *213payment of their note, payable to complainants. The respondents demurred to the bill as a whole, and also assigned grounds of demurrer to certain parts of the bill. The demurrer to the whole bill was properly overruled. We are of opinion, that the description of certain portions of the land is too vague and indefinite, and the special grounds of demurrer should have been sustained. If the…
2Cases cited5 opinions
- Lansden v. BoneSupreme Court of Alabama · 1890
- Clements v. PearceSupreme Court of Alabama · 1879
- Scott v. CottenSupreme Court of Alabama · 1890
- Hawkins v. RossSupreme Court of Alabama · 1893
- Heard v. HicksSupreme Court of Alabama · 1886
3Cited by7 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Karter v. EastSupreme Court of Alabama · 1929
- First National Bank v. LelandSupreme Court of Alabama · 1898
- Cottingham v. HillSupreme Court of Alabama · 1898
- Mills v. Hudmon & Co.Supreme Court of Alabama · 1912
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