Hanchey v. Powell
Supreme Court of Alabama
Appeal from Pike Chancery Court. Heard before Hon. L. D. Gardner. . Bill of N. J. Powell against W. E. Hanchey, to declare a mortgage void, because given to secure the husband’s debt and to cancel same as cloud upon title. From, a decree, for complainant respondent appeals.
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Appeal from Pike Chancery Court. Heard before Hon. L. D. Gardner. . Bill of N. J. Powell against W. E. Hanchey, to declare a mortgage void, because given to secure the husband’s debt and to cancel same as cloud upon title. From, a decree, for complainant respondent appeals. In .the first place, Mrs. Powell was not a surety. — M. & 0, v. Nicholas, 98 Ala. 125; Wimberly v. Windham, 104 Ala. 409; Montgomery v. Hughes, 65 Ala. 204; Anderson v. Bellinger, 87 Ala. 836. Under these authorities, it is insisted that Mrs. Powell was not a mere volunteer, nor was the mortgage without consideration as to…
1Opinion of the CourtAnderson, J.
Section 4497 of the. Code of 1907. expressly provides that “the wife shall not, directly or indirectly, become the surety for the husband.” . It is needless to. consider the technical definitions of the word “surety,” as our court has repeatedly applied this statute to facts similar to the transaction in question, and has in effect held that if the wife gives a mortgage to secure a debt contracted by the husband, and not for her as her agent, and for which she was not originally liable in law or equity, as distinguished from a mere moral obligation growing out of the fact that she or her…
2Cases cited6 opinions
- Richardson v. StephensSupreme Court of Alabama · 1898
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Richardson v. StephensSupreme Court of Alabama · 1896
- Hawkins Lumber Co. v. BrownSupreme Court of Alabama · 1893
- Thompson v. HudginsSupreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Rollings v. GunterSupreme Court of Alabama · 1924
- Street v. Alexander City BankSupreme Court of Alabama · 1919
- Sansom v. SturkieSupreme Court of Alabama · 1944
- Warren v. CrowSupreme Court of Alabama · 1917
10 more not listed; retrieve them via the Exa API.