Evans v. Faircloth-Byrd Mer. Co.
Supreme Court of Alabama
Bill to Foreclose Mortgage. Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by The Faircloth-Byrd Mercantile Comapny to have a mortgage executed to it by Mrs. Evans foreclosed, and to declare a previous mortgage executed by Evan’s wife on the same land, void as security for the husband’s debt.
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Bill to Foreclose Mortgage. Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by The Faircloth-Byrd Mercantile Comapny to have a mortgage executed to it by Mrs. Evans foreclosed, and to declare a previous mortgage executed by Evan’s wife on the same land, void as security for the husband’s debt. From a decree overruling demurrer to the bill, the respondents appeal. — The object of the statute is to secure a married woman in her property against the inducements of her husband or of his creditors seeking to have her become his surety, and this exception to her general…
1Opinion of the Court
SIMPSON, J.'
— The bill by the appellee seeks to foreclose a mortgage, executed on January 4, 1908, by appellant M. A. Evans and her husband, one of the other appellants, and also prays that a mortgage executed by said respondents M. A. and B. C. J. Evans, on November 14, 1907, to the Citizens’ Bank of Geneva, another respondent, be declared null and void as to the land conveyed by the mortgage to complainant, on the *178ground that said M.. A. Evans, at the time of the execntion of said mortgage, was a married woman, owning-said property as a part of her separate estate under the laws of Alabama,…
2Cases cited9 opinions
- Grattan v. WigginsCalifornia Supreme Court · 1863
- Richardson v. StephensSupreme Court of Alabama · 1898
- Lansden v. BoneSupreme Court of Alabama · 1890
- Johnson v. JouchertIndiana Supreme Court · 1890
- Day v. BaldwinSupreme Court of Iowa · 1872
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3Cited by15 opinions
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- Smith v. D. Rothschild Co.Supreme Court of Alabama · 1924
- Tolbert v. City of BirminghamSupreme Court of Alabama · 1955
- Durr Drug Co. v. AcreeSupreme Court of Alabama · 1940
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