Myers v. Steenberg
Supreme Court of Alabama
Appeal from Circuit Court, Baldwin County; John D. Leigh, Judge. • Bill by Alfred C. Steenberg, as trustee, against Charlotte S. Myers and her husband to foreclose a mortgage or deed of trust. Decree for complainant, and respondent, Charlotte S. Myers, appeals.
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Appeal from Circuit Court, Baldwin County; John D. Leigh, Judge. • Bill by Alfred C. Steenberg, as trustee, against Charlotte S. Myers and her husband to foreclose a mortgage or deed of trust. Decree for complainant, and respondent, Charlotte S. Myers, appeals. There is no debt and the mortgage is wholly'void under the facts in this case; but, should the court not take that view of the case, then it is apparent from the fact that the husband is the principal obligor and the wife is surety. Section 4497, Code 1907; 203 Ala. 97, 82 South. Ill; 200 Ala. 230, 75 South. 989; 194 Ala. 678, 69…
1Opinion of the CourtMiller, J.
Alfred C. Steenberg as trustee and mortgagee files this suit in equity against Charlotte S. Myers and her husband, William P. Myers, the mortgagors, to foreclose a mortgage or deed of trust on real estate in Baldwin county. The complainant is trustee for a corporation’known as Southwestern Port Huron Company. Its name was afterwards changed to Port Huron Company. It succeeded to all the rights and property of the former corporation. William P. Myers makes no defense. There was decree pro confesso against him. Charlotte S. Myers files answer and cross-bill, alleging the real estate mortgaged…
2Cases cited9 opinions
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
- Richardson v. StephensSupreme Court of Alabama · 1898
- Hall v. GordonSupreme Court of Alabama · 1914
- Gafford v. SpeakerSupreme Court of Alabama · 1899
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3Cited by5 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Rollings v. GunterSupreme Court of Alabama · 1924
- Federal Land Bank of New Orleans v. SuttonSupreme Court of Alabama · 1946
- Smith v. American Nat. BankSupreme Court of Alabama · 1934
- Richardson v. GramlingSupreme Court of Alabama · 1929