Freed v. Sallade

FOSTER, Justice.

The question here is the validity of a mortgage executed on January 12, 1940, by Noah Freed and Lena Freed as his wife on what was the homestead of Noah, a resident of Alabama, less in value and area than the law allows as a homestead.

It is conceded that Lena was not his wife, either by ceremonial marriage or by common law contract. But she had lived with him in illicit relations since 1921, until he died, and had several children by him.

Noah died in June, 1941, and Mattie, signing as Mattie Freed, the complainant, claims that she was his lawful wife on January 12, 1940, when…