Legal Opinion

Pacific Guano Co. v. Anglin

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 20 opinions

Appeal from the Chancery Court of Barbour. Heard before the Hon. John A. Foster. The bill in this case was filed on the 11th February, 1885, by Mrs. Ellender C. Anglin, the wife oi Thomas W. Anglin, against her said husband and the Pacific Guano Company, a foreign corporation; and prayed an injunction against the sale of a tract of land under the power contained in a mortgage, and a cancellation of the mortgage as to the land.

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Appeal from the Chancery Court of Barbour. Heard before the Hon. John A. Foster. The bill in this case was filed on the 11th February, 1885, by Mrs. Ellender C. Anglin, the wife oi Thomas W. Anglin, against her said husband and the Pacific Guano Company, a foreign corporation; and prayed an injunction against the sale of a tract of land under the power contained in a mortgage, and a cancellation of the mortgage as to the land. The mortgage, a copy oi which was made an exhibit to the bill, was dated February 15th, 1883, signed by complainant and her husband, duly acknowledged, certified and…

1Opinion of the CourtClopton, J.

— Mrs. Anglin seeks by the bill, which was brought by her, to have cancelled a mortgage made by her and her husband, embracing lands being her statutory separate estate, and to enjoin appellant from selling the lands under a power contained in the mortgage. The removal of her disabilities, and her capacity to mortgage the lands, are conceded. Its execution is duly acknowledged before a proper officer, whose Certificate is attached. The ground of impeachment is, that she was induced to sign the *494mortgage by reason of misrepresentations of its contents, on which she relied. The alleged…

2Cases cited5 opinions

  1. Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
  2. Dawson v. BurrusSupreme Court of Alabama · 1882
  3. Burroughs v. Pacific Guano Co.Supreme Court of Alabama · 1886
  4. Watts v. BurnettSupreme Court of Alabama · 1876
  5. Spence v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885

3Cited by20 opinions

  1. Prestwood v. CarltonSupreme Court of Alabama · 1909
  2. Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
  3. Cannon v. LindseySupreme Court of Alabama · 1887
  4. Western Railway Co. v. HarwellSupreme Court of Alabama · 1890
  5. Wooddy v. MatthewsSupreme Court of Alabama · 1915

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