Harden v. Darwin & Pulley
Supreme Court of Alabama
Bill in Equity for Eoreclosv/re of Mortgages ; Gross-Bill for Cancellation. Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham.
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Bill in Equity for Eoreclosv/re of Mortgages ; Gross-Bill for Cancellation. Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham. The original bill in this case was filed on the 5th December, 1879, by Darwin & Pulley, merchants and partners in trade, and sought, principally, the foreclosure of a mortgage on a tract of land, executed to the complainants by Benjamin L. Harden and his wife, Mrs. Anne E. Harden, both since deceased ; also, the foreclosure of a prior mortgage on the same tract'of land, executed by said Harden and wife to Mrs. Mary B. Miller, an account of…
1Opinion of the CourtClopton, J.
It is conceded, that the common law does not incapacitate a married woman from being a trustee, either express or iñ invitum ; nor is she disqualified to exercise judgment and discretion in discharge of the office, and in execution of any power devolved on her as such trustee, without the cooperation of her husband. While acting under a power, and within the scope of her authority, she may make a conveyance to her hnsband, as well as to a third person, which will be sustained in a court of equity.— Gridley v. Wynant, 23 How. 500; 2 Cord on Mar. Women, § 1396. On a former appeal, which was…
2Cases cited15 opinions
- White v. . WagerNew York Court of Appeals · 1862
- Marks v. CowlesSupreme Court of Alabama · 1875
- Drake v. GloverSupreme Court of Alabama · 1857
- Wife v. DarginSupreme Court of Alabama · 1880
- Wimbish v. Montgomery Mutual Building & Loan Ass'nSupreme Court of Alabama · 1881
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3Cited by12 opinions
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