Bushard v. McCay
Supreme Court of Alabama
Appeal from Circuit Court, Blount County; J. E. Blackwood, Judge. Suit in equity by J. B. Bushard and others against R. L. McCay. Judgment for defendant, and plaintiffs appeal.
1Opinion of the CourtMcCLELLAN, J.
[1] The wife may pay her husband’s debt with money belonging to her separate estate, or she may discharge or buy her husband’s debt by substituting her own primary obligation for that, the husband’s creditor held but surrendered in consequence of its satisfaction. Hall v. Gordon, 189 Ala. 301, 66 South. 493, and authorities therein noted. When either of these courses is pursued by the wife, she is not a “surety” for the husband’s debt as defined in Code, § 4497; and hence she is not entitled to have annulled a mortgage, on her property, so given by her.
[2] In this, Mrs. Bushard’s bill to…
2Cases cited3 opinions
- Hall v. GordonSupreme Court of Alabama · 1914
- Mills v. Hudmon & Co.Supreme Court of Alabama · 1912
- Bley v. LewisSupreme Court of Alabama · 1914
3Cited by9 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Lester v. JacobsSupreme Court of Alabama · 1925
- Rollings v. GunterSupreme Court of Alabama · 1924
- Van Derslice v. Merchants' BankSupreme Court of Alabama · 1925
- Bell v. Farmers' Nat. BankSupreme Court of Alabama · 1925
4 more not listed; retrieve them via the Exa API.