Macke v. Macke
Supreme Court of Alabama
Appeal from Circuit Court, Birmingham County; H. A. Sharpe, Judge. Bill by Mattie I. Macke against Frank C. Macke and others. From a decree overruling demurrer to the bill, respondents appeal. Bill by Mattie I. Macke against Frank C. Macke, Frederick G. Macke, and George H. Davis.
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Appeal from Circuit Court, Birmingham County; H. A. Sharpe, Judge. Bill by Mattie I. Macke against Frank C. Macke and others. From a decree overruling demurrer to the bill, respondents appeal. Bill by Mattie I. Macke against Frank C. Macke, Frederick G. Macke, and George H. Davis. The hill in its first aspect shows that the complainant was the former wife of Frank C. Macke, but divorced from him June 26, 1916, and that on August 16, 1911, she executed a mortgage with her husband to respondent George H. Davis, to secure an indebtedness of 8.780, which sai'd mortgage was on certain real estate,…
1Opinion of the CourtGardner, J.
The bill here under review was filed in a double aspect. In the first aspect a cancellation of the mortgage is sought by the complainant, on the ground that it was given as security for her husband’s debt, and therefore void under the statute. In the second aspect the bill acknowledges the validity of the mortgage, and shows the belief on the part of the complainant that the same had been paid by her husband, and his assurance to her of that fact; but also shows that, in the event it be ascertained that the note had not been paid, complainant is ready and willing to pay whatever sum is found…
2Cases cited9 opinions
- Dixie Grain Co. v. QuinnSupreme Court of Alabama · 1913
- Moore v. Empire Land Co.Supreme Court of Alabama · 1913
- Kant v. Atlanta, Birmingham & Atlantic R. R.Supreme Court of Alabama · 1914
- Durr v. Hanover National BankSupreme Court of Alabama · 1910
- Morris v. Fidelity Mortgage Bond Co.Supreme Court of Alabama · 1914
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