Darden v. Schuessler
Supreme Court of Alabama
Appeal from Chambers Chancery Court. Heard before Hon. R. B. Kelly. Bill by Caroline E. Darden against L. S. Sehnessler trustee. There was a decree for defendant, and complainant appeals.
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Appeal from Chambers Chancery Court. Heard before Hon. R. B. Kelly. Bill by Caroline E. Darden against L. S. Sehnessler trustee. There was a decree for defendant, and complainant appeals. Complainant’s contractual relation was that of surety-ship for her husband on the mortgage, and such contract being absolutely void the mortgages were incapable of ratification by her. — Price v. Cooper, 128 Ala. 392. There was no written agreement by complainant of W. C. Darden which satisfies the statute of frauds, nor was there any verbal assumption of said debt based upon a now consideration, so as to…
1DissentSimpson, J.
dissenting).- — The lands in question were originally the property of Judge Darden, the husband of complainant, and when sold under a mortgage were bought by complainant, or for her; the legal title being held by Hyde for her, to be conveyed when she paid for the lands. It is not shown that complainant had any independent means with which to pay for the lands, but the payments which were made on the pur*381chase price were made partly from a sale of a portion of the lands, and partly by the husband from the proceeds of crops raised on the lands. The evidence does not definitely show just how the…
2Cases cited15 opinions
- Cockle v. FlackSupreme Court of the United States · 1877
- Moog v. StrangSupreme Court of Alabama · 1881
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Miller v. Life Insurance Co.Supreme Court of North Carolina · 1896
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
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