Lewis v. Montgomery Mutual Building & Loan Ass'n
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. H. Austill. The bill in this case was filed on the_ 19th July, 1873, by Mrs. Martha J. Lewis, a married woman, suing by ner next friend, against her husband (Dixon H. Lewis), Samuel K. Cox, and the Montgomery Mutual Building and Loan Association, a domestic corporation; and sought to enjoin a sale of a tract of land, under a power contained in a mortgage executed to said association by Cox, and also under a…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. H. Austill. The bill in this case was filed on the_ 19th July, 1873, by Mrs. Martha J. Lewis, a married woman, suing by ner next friend, against her husband (Dixon H. Lewis), Samuel K. Cox, and the Montgomery Mutual Building and Loan Association, a domestic corporation; and sought to enjoin a sale of a tract of land, under a power contained in a mortgage executed to said association by Cox, and also under a subsequent mortgage executed to said association by the complainant and her husband, and to establish and enforce a lien…
1Opinion of the CourtBrickell, C. J.
-The object and purpose of the bill is twofold : first, the cancellation of the mortgage executed by Mrs. Lewis and her husband to the Building and Loan Association; second, to enforce a lien on the lands for the payment of the note given by Cox in part of the purchase-money, which, it is claimed, was not paid or extinguished by the transactions between him and the husband, but was surrendered by the husband in violation of his duty, and in excess of his authority, as trustee of the wife’s statutory separate estate.
In either aspect of the case, relief is claimed, and can be granted, only upon…
2Cases cited7 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Marks v. CowlesSupreme Court of Alabama · 1875
- Bogert v. PerryCourt for the Trial of Impeachments and Correction of Errors · 1819
- Forward v. ArmsteadSupreme Court of Alabama · 1847
- Brothers v. PorterCourt of Appeals of Kentucky · 1845
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Webb v. RobbinsSupreme Court of Alabama · 1884
- Young v. HawkinsSupreme Court of Alabama · 1883
- Sanders v. SteeleSupreme Court of Alabama · 1899
- Webb v. CrawfordSupreme Court of Alabama · 1884
- Winston v. MitchellSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.