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…
1Opinion of the CourtMcCLELLAN, J.
The sole question on this appeal is whether the indebtedness of W. C. Darden, appellant’s deceased husband, is properly chargeable against appellant. On reference to the register to state the account between appellant and appellees, she was charged therewith, and her exceptions to the register’s report in that connection were disallowed by the chancellor. The exceptions made the points, first, that the alleged contract to assume the indebtedness of W. C. Darden (if-made, which was denied) was violative of the statute of frauds; and, second, if exempt from that criticism, it was usurious.…
2Cases cited9 opinions
- President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
- Welsh v. PhillipsSupreme Court of Alabama · 1875
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- Woolsey & Sons v. Jones & Bro.Supreme Court of Alabama · 1887
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