Burgess & Co. v. Blake
Supreme Court of Alabama
Aittiau from the Chancery Court of Mobile. Heard before the ITon. Thomas H. Smith. The bill in this case was filed by the appellants, I). R. Burgess & Company, against the appellees, E. E. Blake and C. E. Blake; and sought to foreclose a mortgage executed by the defendants, and embracing certain lands in Baldwin county, Alabama. The bill averred the execution of a mortgage by E. E. Blake and his wife, O. E. Blake, and attached the 'same as an eixhibit.
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Aittiau from the Chancery Court of Mobile. Heard before the ITon. Thomas H. Smith. The bill in this case was filed by the appellants, I). R. Burgess & Company, against the appellees, E. E. Blake and C. E. Blake; and sought to foreclose a mortgage executed by the defendants, and embracing certain lands in Baldwin county, Alabama. The bill averred the execution of a mortgage by E. E. Blake and his wife, O. E. Blake, and attached the 'same as an eixhibit. It was further averred that there had been default made in the payment of the mortgage debt; and the prayer of the bill was that an accounting…
1Opinion of the CourtSharpe, J.
Since the statute in effect inhibits the mortgaging of the wife's property as security for her husband’s debt it will not in the absence of evidence, be presumed that a mortgage which on its face appears to have been given ns such 'security, embraces property of the wife, though her joinder therein be in form that of a mortgagor without being expressly limited to a relinquishment of dower. The harden was on the respondent Cynthia E. Blake to prove what, land of hers, if any, was included in the mortgage sought to be foreclosed. This she attempted to do by introducing as evidence against…
2Cases cited7 opinions
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Burnett v. McClueySupreme Court of Missouri · 1883
- Alabama State Land Co. v. ThompsonSupreme Court of Alabama · 1894
- Florence Land, Mining & Manufacturing Co. v. WarrenSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- First Trust Co. v. Airedale Ranch & Cattle Co.Nebraska Supreme Court · 1939
- Phillips v. Big Sandy Co.Court of Appeals of Kentucky · 1912
- Phipps-Reynolds Co. v. McIlroy Bank & Trust Co.Supreme Court of Arkansas · 1939
- Whitewater Lumber Co. v. LangfordSupreme Court of Alabama · 1927
- Citizens Bank v. TaylorSupreme Court of Georgia · 1929
14 more not listed; retrieve them via the Exa API.