Northington v. Faber
Supreme Court of Alabama
Appeal from Circuit Court of Autauga. Tried before Hon. James Q. Smith. In an action of trover brought by appellant, Northington, as administrator of Euphrenia Hall, deceased, against appellee, * Faber, to recover damages for the conversion of certain personal property, the following state'of facts appeared: — In 1867, Dixon S. Hall, husband of said Euphrenia, executed a trust deed or mortgage to A. G. Smith, as trustee for said Euphrenia, upon the property sued for, which…
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Appeal from Circuit Court of Autauga. Tried before Hon. James Q. Smith. In an action of trover brought by appellant, Northington, as administrator of Euphrenia Hall, deceased, against appellee, * Faber, to recover damages for the conversion of certain personal property, the following state'of facts appeared: — In 1867, Dixon S. Hall, husband of said Euphrenia, executed a trust deed or mortgage to A. G. Smith, as trustee for said Euphrenia, upon the property sued for, which recited that in 1858, he (Hall) had received from the administrator of his wife’s father her distributive share of his…
1Opinion of the CourtJudge, J.
That the wife cannot make a valid mortgage of her statutory separate estate to secure the payment of her husband’s debts, is now the settled law of this State ; and it is also settled, that every such mortgage is forbidden by law and void. Bibb & Wife v. Pope, 43 Ala. 90; Wilkinson v. Cheatham, 45 Ala. 337; Davidson v. Lanier, June term, 1874.
Furthermore, it was held in the case of Davidson v. Lanier, supra, that if the husband uses the statutory separate estate of his wife, he becomes indebted to her to the amount thus used, and may pay or secure the debt by a conveyance of property for that…
2Cases cited2 opinions
- Wilkinson v. CheathamSupreme Court of Alabama · 1871
- Rhett v. MastinSupreme Court of Alabama · 1869
3Cited by10 opinions
- Rogers v. TorbutSupreme Court of Alabama · 1877
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Coleman v. SmithSupreme Court of Alabama · 1876
- Hammond v. ThompsonSupreme Court of Alabama · 1876
- Loeb & Brother v. ManassesSupreme Court of Alabama · 1885
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