American Mortgage Co. v. Wright
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disqhe, • This was a statutory real action in the nature of ejectment, brought by the appellant against the appellee.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disqhe, • This was a statutory real action in the nature of ejectment, brought by the appellant against the appellee. The title to the property involved in this suit was derived from a mortgage, which was executed by the defendant to the plaintiff, to secure a note given for money loaned by the plaintiff to the defendant payable five years after date, and also to secure the payment of the interest coupons on said debt which were payable annually. The facts of the case are sufficiently stated in the opinion. . The cause was…
1Opinion of the CourtStone, C. J.
Mrs. Wright, nee Griffin, as the uncontroverted testimony shows, was born June 17, 1864. She executed the mortgage, the title on which the present suit was sought to be maintained, and the notes it was given to secure March 12, 1885 — three months and a few days before she attained her majority. The defense relied on was infancy, and it was sought to escape its force by replying that, after she became of age, she ratified the act, and made it binding. The question was ratification vel non. We say this was the question, because the testimony adduced proves it. Neither the plea nor the…
2Cases cited13 opinions
- Henry v. . RootNew York Court of Appeals · 1865
- Goodsell v. MyersNew York Supreme Court · 1830
- Edmunds v. MisterMississippi Supreme Court · 1881
- Turner v. . GaitherSupreme Court of North Carolina · 1880
- Jefford's Adm'r v. Ringgold & Co.Supreme Court of Alabama · 1844
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Sims v. GunterSupreme Court of Alabama · 1918
- Bell v. BurkhalterSupreme Court of Alabama · 1912
- Rubin v. StrandbergIllinois Supreme Court · 1919
- Walker v. Arkansas Nat. Bank of Hot SpringsCourt of Appeals for the Eighth Circuit · 1919
3 more not listed; retrieve them via the Exa API.