Legal Opinion

Wilkinson v. Cheatham

Supreme Court of Alabama

Decided January 15, 1871PublishedCited by 18 opinions

Appeal from Chancery Court of Montgomery. Tried before Hon. Adam C. Felder. The facts are sufficiently stated in tbe opinion. [Although careful search has been made for tbe briefs in this case, the Reporter has been unable to obtain them.]

1Opinion of the CourtPeters, J.

This is a bill filed by a married woman, by ber next friend, against her husband and her and bis mortgagee and tbe assignee of such mortgagee, to enjoin a sale of ber statutory separate estate, mortgaged by ber and her busband to secure tbe payment of a debt purporting to be contracted by the wife for a loan of two thousand dollars to ber after her marriage. The sale was enjoined by the chancellor below, and the defendants in that court bring tbe case here by appeal, and assign the chancellor’s decree for error.

No notice is taken, in this opinion, of the common law *339and equity powers of a…

2Cases cited3 opinions

  1. Calkins v. LongNew York Supreme Court · 1855
  2. Bibb v. PopeSupreme Court of Alabama · 1869
  3. Marsh v. MarshSupreme Court of Alabama · 1869

3Cited by18 opinions

  1. Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
  2. Peeples v. StollaSupreme Court of Alabama · 1876
  3. Coleman v. SmithSupreme Court of Alabama · 1876
  4. Greer v. IDS Life Insurance Co.Court of Appeals of Georgia · 1979
  5. Northington v. FaberSupreme Court of Alabama · 1875

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