Newhouse v. Miles
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 1st Division. The case made by the bill is this, viz : In 1841, Benjamin Newhouse and John S. Newhouse were indebted by note, as partners, to Sylvia Dale, in a considerable sum, to secure which Benjamin Newhouse executed a mortgage upon certain premises.
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Writ of Error to the Court of Chancery for the 1st Division. The case made by the bill is this, viz : In 1841, Benjamin Newhouse and John S. Newhouse were indebted by note, as partners, to Sylvia Dale, in a considerable sum, to secure which Benjamin Newhouse executed a mortgage upon certain premises. Afterwards, a marriage being in contemplation between Miss Dale and John S. Newhouse, these parties entered into a marriage settlement, in which it is stipulated, that all the real and personal estate, choses in action, The note not being paid, this bill was filed by John S.. Newhouse, his wife…
1Opinion of the CourtGoldthwaite, J.
If it is conceded the husband, in the circumstances of this case, is not a proper party complainant, yet the objection taken for the first time, at the hearing, is too late, and will be disregarded if it does not materially affect the propriety of the decree. [Story’s Eq. Pl. 417, § 544; Watertown v. Cowen, 4 Paige, 510; Erwin v. Ferguson, 5 Ala. Rep. 158.] The objection might possibly have been of some weight, if the decree had admitted the husband as a party in interest, so as to have given him the control of the fund; but instead of that, it directs the money, when *462received, to be paid…
2Cases cited2 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Erwin v. FergusonSupreme Court of Alabama · 1843
3Cited by4 opinions
- Ohio Oil Co. v. DaugheteeIllinois Supreme Court · 1909
- Hunley v. HunleySupreme Court of Alabama · 1848
- Lehman, Durr & Co. v. GreenhutSupreme Court of Alabama · 1889
- Colgin v. RedmanSupreme Court of Alabama · 1852