Cahalan v. Monroe, Smaltz & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before tbe Hon. Charles Turner. Tbe bill in tbis case was filed on the 20th November, 1876, by Mrs. Catherine Cabalan, wife of Michael Cabalan, against Monroe, Smaltz & Co., a mercantile partnership, her said husband, and others; and sought to enjoin the execution of a judgment in ejectment, which the said Monroe, Smaltz & Co. had obtained against said Micbael Cabalan, for a certain tract of land which the complainant…
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Appeal from the Chancery Court of Jefferson. Heard before tbe Hon. Charles Turner. Tbe bill in tbis case was filed on the 20th November, 1876, by Mrs. Catherine Cabalan, wife of Michael Cabalan, against Monroe, Smaltz & Co., a mercantile partnership, her said husband, and others; and sought to enjoin the execution of a judgment in ejectment, which the said Monroe, Smaltz & Co. had obtained against said Micbael Cabalan, for a certain tract of land which the complainant claimed, on the ground that it was bought and paid for with moneys belonging to her statutory separate estate; and to obtain…
1Opinion of the Court
■ MANNING, J.
The bill in this cause was filed to enjoin execution of a judgment at law, by which it was determined that appellees were entitled to recover the land in controversy, of Michael Cabalan, husband of the complainant. The title of appellees was acquired by purchase, at a sale of the land under a mortgage made by said Michael and his wife, Catherine, to one McLaughlin. The bill avers, that Michael originally bought it from his vendor (whose bond for titles first, and conveyance thereof subsequently, are exhibited), with money of the statutory separate estate of said Catherine, and…
2Cases cited2 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Fenno v. SayreSupreme Court of Alabama · 1842
3Cited by6 opinions
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Snellgrove v. EvansSupreme Court of Alabama · 1906
- Motley v. JonesSupreme Court of Alabama · 1893
- Eutaw Ice, Water & Power Co. v. Town of EutawSupreme Court of Alabama · 1918
- Randolph v. WebbSupreme Court of Alabama · 1896
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