Burrus & Williams v. Dawson
Supreme Court of Alabama
Appeal from the Chancery Court of Bussell. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 17th April, 1877, by the appellants, a mercantile partnership doing business in Columbus, Georgia, against William Dawson and his wife, Barbara Dawson; and sought to foreclose a mortgage on a tract of land, with other property, executed by the defendants to the complainants.
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Appeal from the Chancery Court of Bussell. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 17th April, 1877, by the appellants, a mercantile partnership doing business in Columbus, Georgia, against William Dawson and his wife, Barbara Dawson; and sought to foreclose a mortgage on a tract of land, with other property, executed by the defendants to the complainants. The mortgage, which was made an exhibit to the bill, was dated the 27th March, 1875 ; purported to be given to secure the payment of a promissory note for $223.50, of even date with the mortgage, due and…
1Opinion of the CourtBbiokell, C. J.
The bill is filed to foreclose a'mortgage on lands, executed by husband and wife, to secure the payment of a debt evidenced by an instrument jointly executed by them. The questions presented are, whether the lands are to be taken as the statutory, or as the equitable separate estate of the wife; and if the latter, whether she is not, by the terms of the instrument creating the estate, limited and restrained to a special and particular mode of alienation, which has not been observed.
The title of the wife originates in a conveyance, executed by one Moses to “ Hamlin L: Dudley, as trustee of…
2Cases cited8 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Short v. BattleSupreme Court of Alabama · 1875
- McMillan v. PeacockSupreme Court of Alabama · 1876
- Kimm v. WeippertSupreme Court of Missouri · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kelly v. TurnerSupreme Court of Alabama · 1883
- Smyth v. FitzsimmonsSupreme Court of Alabama · 1892
- Stevenson v. AndersonSupreme Court of Alabama · 1888