Legal Opinion

Strong v. Waddell

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 24 opinions

Appeal from tbe Chancery Court of Bussell. Heard before tbe Hon. B. B. McCraw. Tbe bill in this case was filed on tbe 2d March, 1874, .by James'F. Waddell, against Samuel D. Strong and Aletba F. Strong, his wife; and sought to foreclose a mortgage on a certain tract of land, which the complainant had sold and conveyed, on the date of the mortgage, to Mrs. Strong, taking the note of herself and her husband for the purchase-money, and a mortgage on the land to secure its…

Read the full summary

Appeal from tbe Chancery Court of Bussell. Heard before tbe Hon. B. B. McCraw. Tbe bill in this case was filed on tbe 2d March, 1874, .by James'F. Waddell, against Samuel D. Strong and Aletba F. Strong, his wife; and sought to foreclose a mortgage on a certain tract of land, which the complainant had sold and conveyed, on the date of the mortgage, to Mrs. Strong, taking the note of herself and her husband for the purchase-money, and a mortgage on the land to secure its payment. The note was dated the 9th January, 1873, and was payable on the 1st December, 1873, with interest from date ; and…

1Opinion of the Court

BRICKELL, 0. J.

The decree does not fix on the appellant Aletha a personal liability, nor condemn her statutory separate estate, if any she has, to the satisfaction of the mortgage debt. It simply orders a sale of the mortgaged premises for the payment of the purchase-money. A married woman, doubtless, labors under a disability of contracting, so as to bind herself personally; nor can she charge her statutory estate, except in the modes the statute prescribes. But, if she purchases real estate, and executes, jointly with her *473husband, a promissory note for payment of the purchase-money, and a…

2Cases cited6 opinions

  1. Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
  2. Abbott v. AllenNew York Court of Chancery · 1817
  3. Frost v. RaymondNew York Supreme Court · 1804
  4. Marks v. CowlesSupreme Court of Alabama · 1875
  5. Chilton v. Braiden's AdministratrixSupreme Court of the United States · 1863

1 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Tedder v. SteeleSupreme Court of Alabama · 1881
  2. Bay Minette Land Co. v. StapletonSupreme Court of Alabama · 1932
  3. Converse Bridge Co. v. Geneva CountySupreme Court of Alabama · 1909
  4. Prince v. PrinceSupreme Court of Alabama · 1880
  5. Griel v. LomaxSupreme Court of Alabama · 1888

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API