Gilbert v. Dupree's Adm'r
Supreme Court of Alabama
Appeal from the Chancery .Court of Kandolph. Heard before the Hon. B. B. McCraw. The bill in this case was filed on the 20th April, 1872, by Mrs. Lucy L. Dupree, since deceased, against William E. Gilbert and his wife, Mrs. Frances G. Gilbert; and sought to enforce and foreclose a mortgage on a tract of land, which the defendants had executed to the complainant, to secure the payment of a promissory note for $600, which they had borrowed from her.
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Appeal from the Chancery .Court of Kandolph. Heard before the Hon. B. B. McCraw. The bill in this case was filed on the 20th April, 1872, by Mrs. Lucy L. Dupree, since deceased, against William E. Gilbert and his wife, Mrs. Frances G. Gilbert; and sought to enforce and foreclose a mortgage on a tract of land, which the defendants had executed to the complainant, to secure the payment of a promissory note for $600, which they had borrowed from her. The mortgage and note were dated the 13th November, 1869, and the note fell due on the 25th December, 1870. The lands conveyed by the-mortgage…
1Opinion of the CourtManning, J.
In this cause, a bill in chancery was filed by Mrs. Dupree, now deceased, to foreclose by sale a mortgage of a half-section of land, the statutory separate estate of Mrs. Gilbert, a married woman, executed by Mrs. Gilbert and her husband, defendants in the cause, to secure payment of a note for six hundred dollars to complainant. The bill alleges, that “ said William and Frances Gilbert were in very indigent and straightened circumstances, had' not any provisions of any kind whatever, upon which to maintain themselves and family, and were perfectly destitute of all means, money, &o. with…
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