McDonald v. Mobile Life Insurance
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Charles Turner. The original bill in this case was filed on the 30th October, 1874, by the Mobile Life Insurance Company, a domestic corporation, against Mrs. Cynthia Ann McDonald, the wife of W. J. McDonald, who was described in the bill as “ a, femme covert, made a free-dealer by special act of the General Assembly of Alabama,” with several other persons ; and sought an account and foreclosure of several…
Read the full summary
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Charles Turner. The original bill in this case was filed on the 30th October, 1874, by the Mobile Life Insurance Company, a domestic corporation, against Mrs. Cynthia Ann McDonald, the wife of W. J. McDonald, who was described in the bill as “ a, femme covert, made a free-dealer by special act of the General Assembly of Alabama,” with several other persons ; and sought an account and foreclosure of several mortgages on town lots in Birmingham, executed by Mrs. McDonald. The complainant’s mortgages were three in number, dated…
1Opinion of the CourtSomerville, J.
— The bill filed by the appellant, McDonald, on the 17th of December, 1873, in the Chancery Court of Jefferson county, was primarily intended to attack the validity of the mortgages executed by her to the appellee, for the foreclosure of which this suit was instituted. This bill was dismissed, on a demurrer being interposed to it, which went to the merits of the whole case, and no appeal was taken from the decree of dismissal. In that suit, it was competent for her to attack the constitutionality of the legislative act, making her a free-dealer. It was a point directly in issue, upon which…
2Cases cited4 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Marks v. CowlesSupreme Court of Alabama · 1878
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Hutchinson v. DearingSupreme Court of Alabama · 1852
3Cited by33 opinions
- Houston Terminal Land Co. v. WestergreenTexas Supreme Court · 1930
- Rio Bravo Oil Co. v. HebertTexas Supreme Court · 1937
- Crowson v. CodySupreme Court of Alabama · 1926
- McCall v. JonesSupreme Court of Alabama · 1882
- Metropolitan Life Ins. Co. v. PribbleCourt of Appeals of Texas · 1939
28 more not listed; retrieve them via the Exa API.