Legal Opinion

Trotter Bros. v. Downs

Supreme Court of Alabama

Decided May 10, 1917No. 8 Div. 969PublishedCited by 10 opinions

Appeal from Chancery Court, Marshall County; James E. Horton, Jr., Chancellor. Bill by Susan M. Downs against Trotter Bros. From the decree entered, respondents appeal.

1Opinion of the Court

The cause was submitted and considered under rule 46 (65 South, vii), and the opinion of the court was delivered by

Mr. Justice MAYFIELD:

Appellee filed her bill to have canceled a mortgage given by her and her husband to appellants, on the ground that it was given in violation of our statute (Code, § 4497)— that is, that the wife mortgaged her property thereby to secure a debt of the husband. The respondents answered the original bill, denying all the asserted equity thereof, and alleging that the mortgage (which was re< ferred to and made a part of the bill) had been fully settled and…

2Cases cited6 opinions

  1. Lamkin v. LovellSupreme Court of Alabama · 1912
  2. Lansden v. BoneSupreme Court of Alabama · 1890
  3. Staples v. City Bank & Trust Co.Supreme Court of Alabama · 1915
  4. Evans v. Faircloth-Byrd Mer. Co.Supreme Court of Alabama · 1910
  5. Mills v. Hudmon & Co.Supreme Court of Alabama · 1912

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

3Cited by10 opinions

  1. Lester v. JacobsSupreme Court of Alabama · 1925
  2. Rollings v. GunterSupreme Court of Alabama · 1924
  3. Sansom v. SturkieSupreme Court of Alabama · 1944
  4. Birmingham Trust & Savings Co. v. HowellSupreme Court of Alabama · 1918
  5. Continental Life Ins. Co. v. BrandtSupreme Court of Alabama · 1934

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

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