Mathews v. J. F. Carroll Merc. Co.
Supreme Court of Alabama
Appeal from Pike Chancery Court. Heard before Hon. W. R. Chapman. Bill by W. F. Mathews and another against the J. S. Carrol] ' Mercantile Company, which filed a cross-bill.. From a decree sustaining demurrers to the bill as amended and overruling demurrers to the cross-bill, complainants appeal.
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Appeal from Pike Chancery Court. Heard before Hon. W. R. Chapman. Bill by W. F. Mathews and another against the J. S. Carrol] ' Mercantile Company, which filed a cross-bill.. From a decree sustaining demurrers to the bill as amended and overruling demurrers to the cross-bill, complainants appeal. The bill alleges in effect that W. F. Mathews and W. A. Mott were engaged in general mercantile business at Banks in Pike county, Ala., and on January 17, 1907, they executed to J. S. Carroll a mortgage for $3,241.50, which mortgage was signed by their respective wives, and that since the mortgage…
1Opinion of the Court
McCLELLAN, J.(l) Where a mortgagor and his wife seek, by their bill, the cancellation of a mortgage on land, belonging to the husband, constituting the homestead, in whole or in part, on the ground that the separate acknowledgment of the wife was not taken as the statute requires, the bill is without equity if in it no effectual offer is made to do equity by restoring that which the mortgagor received on.the faith of the mortgage; and this “upon the consideration that to allow one to retain the benefits of an agreement which he repudiates, when by doing so he derives an advantage, while the…
2Cases cited12 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Truss v. MillerSupreme Court of Alabama · 1897
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ben Cheeseman Realty Co. v. ThompsonSupreme Court of Alabama · 1927
- Allen v. OvertonSupreme Court of Alabama · 1922
- Strickland v. StricklandSupreme Court of Alabama · 1921
- J. E. Butler & Co. v. A. G. Henry & Co.Supreme Court of Alabama · 1918
- Carey v. HartSupreme Court of Alabama · 1922
19 more not listed; retrieve them via the Exa API.