Smith v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from tbe Chancery Court of Montgomery. Heard, before tbe Hon. John A. Foster. The bill in this case was filed on the 28th November, 1885, by Mrs. Cordelia C. Smith, the wife of Stephen L. Smith, against her said husband and the several partners composing the firm of Lehman, Durr & Co., warehousemen and commission-merchants in the city of Montgomery; and sought to establish a resulting trust, to the extent of a one-half interest, in a tract of land which Lehman, Durr &…
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Appeal from tbe Chancery Court of Montgomery. Heard, before tbe Hon. John A. Foster. The bill in this case was filed on the 28th November, 1885, by Mrs. Cordelia C. Smith, the wife of Stephen L. Smith, against her said husband and the several partners composing the firm of Lehman, Durr & Co., warehousemen and commission-merchants in the city of Montgomery; and sought to establish a resulting trust, to the extent of a one-half interest, in a tract of land which Lehman, Durr & Co. had sold under a mortgage executed to them by said Stephen L. Smith, in which the complainant joined as his wife,…
1Opinion of the CourtStone, C. J.
Stephen L. Smith, husband of appellant, executed a mortgage to Lehman, Durr & Co., to secure the payment of money advanced to him, and also to deliver certain bales of cotton for storage and sale as warehousemen and commission-merchants. The mortgage conveyed, among other things, certain lands, to secure the payment of the money and the delivery of the cotton. Mrs. Smith, the ■ wife, united in the mortgage, by proper words and certificate to bar her dower, and to legalize the conveyance of the homestead. The mortgage contained ’a power of sale on default, and under it the lands were…
2Cases cited6 opinions
- Munter & Faber v. LinnSupreme Court of Alabama · 1878
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
- McCall v. RogersSupreme Court of Alabama · 1884
- Wailes & Co. v. CouchSupreme Court of Alabama · 1883
- Poppleton v. NelsonOregon Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- United States v. Desert Gold Mining Company, Marlin K. EdwardsCourt of Appeals for the Ninth Circuit · 1970
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- Hart v. AdlerSupreme Court of Alabama · 1895
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