Moore v. Orr & Killcrease

This is an action by appellant against appellees for money had and received by the latter to the use of the former. The facts are that appellees procured a loan for appellant on the security of her farm, and, as she contends, paid out a part of the money so received in discharge of her husband’s debt without her authority. The wife may not become surety for her husband’s debt, but she'may pay it out of her own purse if she will. Sample v. Guyer, 143 Ala. 615, 42 So. 106. The real controversy between the parties arises out of the question whether appellees were authorized by appellant to…