Dinkins v. Latham
Supreme Court of Alabama
Appeal from Chancery Court, Lowndes County; O. S. Lewis, Chancellor. Bill by Rudolph Dinkins. and others against H. S. Latham. Prom the decree rendered, complainants appeal.
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Appeal from Chancery Court, Lowndes County; O. S. Lewis, Chancellor. Bill by Rudolph Dinkins. and others against H. S. Latham. Prom the decree rendered, complainants appeal. The amendment to the bill, referred to in the opinion, is as follows: A10. That if complainants are mistaken in their contentions hereinabove set out relative to the legal operation and effect of that particular paper writing referred to and designated as “Exhibit A,” which purports to have been executed on January 5, 1895, reference being hereby made to! the same, and as to its sufficiency as a valid mortgage, and if…
1Opinion of the CourtThomas, J.
The purpose of the bill is to have the mortgage in question declared void on the grounds (1) that the husband did not join therein in such manner as to make effectual a conveyance of the wife’s real property ;■ (2) that by the attempted foreclosure the power of sale contained therein was never executed by the mortgagee; (3) that the Rudolph deed was an assignment by mortgagee of her interest in the lands, and the agreement of appellee with the husband of the mortgagor-wife created a new right in her minor children, the complainants — a renewal mortgage which has not been foreclosed.
The…
2Cases cited49 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Robinson v. PierceSupreme Court of Alabama · 1897
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Freeman v. BlountSupreme Court of Alabama · 1911
44 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Ivy v. HoodSupreme Court of Alabama · 1918
- Winsett v. WinsettSupreme Court of Alabama · 1919
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Whiteman v. TaberSupreme Court of Alabama · 1919
21 more not listed; retrieve them via the Exa API.