Inter-State Building & Loan Ass'n v. Stocks
Supreme Court of Alabama
'Appeal from Gadsden City Court. Heard before Hon. John H. Disque. The bill in this case was filed by appellee. It contains all the averments necessary under Code, § 809, et seq.
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'Appeal from Gadsden City Court. Heard before Hon. John H. Disque. The bill in this case was filed by appellee. It contains all the averments necessary under Code, § 809, et seq. It does not stop at that, however, but proceeds to aver the fact that appellee had executed and delivered to appellant a mortgage covering the lands described in the bill, and that the mortgage was void for the reason that appellee was a married woman and her husband did nor join her in the execution of the mortgage in the manner required by the statute. The allegation is made that appellant is proceeding to…
1Opinion of the CourtMcCLELLAN, C. J.
— Upon a bill filed under the act of December 10th, 1892, “To compel the determination of claims to real estate in certain cases and to quiet the title to the same” — now embraced in sections 809 to 813 of the Code — and containing only the averments necessary under that statute there can be no adjudication except as to whether the defendant “has any right, title or interest in, or claims upon such lands, or any part thereof, and what said right, title, interest or incumbrance is;” and upon such bill and the statutory answer thereto neither party is entitled to any final relief beyond a de:…
2Cases cited2 opinions
- Cheney v. NathanSupreme Court of Alabama · 1895
- Ward v. JanneySupreme Court of Alabama · 1893
3Cited by12 opinions
- Cogburn v. CallierSupreme Court of Alabama · 1925
- Davis v. DanielsSupreme Court of Alabama · 1920
- Smith v. RhodesSupreme Court of Alabama · 1921
- Jenkins v. Jonas Schwab Co.Supreme Court of Alabama · 1903
- Stacey v. JonesSupreme Court of Alabama · 1912
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