Dunham v. Milhous
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The original bill in this case was filed on the 2d January, 1878, by Mrs. Ann E. Milhous, the wife of James F. Milhous, against Mrs. Sallie Blackwell; and sought to foreclose a mortgage on a tract of land, which was described therein as '“being the lands of George T. Davis, mortgaged to Robert S. Hatcher, guardian, J. W. Olds and others, and sold by the register in chancery under the decree in…
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Appeal from the Chancery Court of Dallas. Heard before the Hon. Charles Turner. The original bill in this case was filed on the 2d January, 1878, by Mrs. Ann E. Milhous, the wife of James F. Milhous, against Mrs. Sallie Blackwell; and sought to foreclose a mortgage on a tract of land, which was described therein as '“being the lands of George T. Davis, mortgaged to Robert S. Hatcher, guardian, J. W. Olds and others, and sold by the register in chancery under the decree in the cause of Stephen Croom, administrator of the estate of J. "W. Olds, against Geo. T. Davis and others.” The mortgage, a…
1Opinion of the CourtStone, J.
An effort is made in this case, by pleadings and proof, to show — ;first, that Mrs. Sallie Blackwell was induced by false representations and assurances to enter into the purchase of the Davis plantation, and that therefore she should not be bound by it; and, second, that Willie P. Dunham, complainant in the cross-bill, was coerced by duress on the part of her husband, Philpot, to convey her interest in the ILill debt and mortgage, and in the Davis debt and mortgage. Leaving out of view the sufficiency of the pleadings as to these matters of defense, we think the evidence fails to sustain…
2Cases cited5 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Drake v. GloverSupreme Court of Alabama · 1857
- Toomer v. RandolphSupreme Court of Alabama · 1877
- Crawford v. CreswellSupreme Court of Alabama · 1876
3Cited by9 opinions
- Pearce v. PearceSupreme Court of Alabama · 1917
- Kollock v. WebbSupreme Court of Georgia · 1901
- Bolman v. LohmanSupreme Court of Alabama · 1885
- Proctor v. ScharpffSupreme Court of Alabama · 1885
- Adams v. MasonSupreme Court of Alabama · 1888
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