Gardner v. Moore
Supreme Court of Alabama
Appeal from Jefferson Chancery Oonrt. Heard before Hon. Thomas Cobbs. This was a bill in equity exhibited by Gardner & Gates against P. P. Moore and L. H. Moore, his wife, for the purpose of reforming a mortgage executed by the defendants on 2nd June, 1881, and purporting to convey a designated tract of land in Jefferson county, belonging to P. P. Moore, and on which he resided at the time of the execution of the mortgage, and also at the time of the filing of the bill.
Read the full summary
Appeal from Jefferson Chancery Oonrt. Heard before Hon. Thomas Cobbs. This was a bill in equity exhibited by Gardner & Gates against P. P. Moore and L. H. Moore, his wife, for the purpose of reforming a mortgage executed by the defendants on 2nd June, 1881, and purporting to convey a designated tract of land in Jefferson county, belonging to P. P. Moore, and on which he resided at the time of the execution of the mortgage, and also at the time of the filing of the bill. The description found in,the mortgage is “ the west half of the south-west quarter of the south-east quarter, and the…
1Opinion of the CourtSomeryille, J.
The question raised by the record for our decision is, whether a court of equity will assume to rectify a misdescription of certain lands conveyed by a married man and his wife, which was intended by them to embrace their homestead / the deed of mortgage which is sought to be reformed, having been executed with all the formalities required by statute. In this State no mortgage, or other alienation of a homestead exemption, is valid without the voluntary signature and assent of the wife of the owner, which must be shown by the examination of the wife, separate and apart from the husband, had…
2Cases cited15 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Cross v. EvertsTexas Supreme Court · 1866
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Hamar v. MedskerIndiana Supreme Court · 1878
- Wife v. DarginSupreme Court of Alabama · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Reddick v. LongSupreme Court of Alabama · 1899
- Cox v. HolcombSupreme Court of Alabama · 1888
- Witherington & Co. v. MasonSupreme Court of Alabama · 1888
- Silliman v. TaylorCourt of Appeals of Texas · 1904
- Tillis v. SmithSupreme Court of Alabama · 1895
9 more not listed; retrieve them via the Exa API.