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Bank of Florala v. Hall

Bank of Florala v. Hall.

Bank of Florala v. Hall, 99 So. 299 (Ala. 1924)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
February 14, 1924
Docket
No. 4 Div. 96.
Judges
Gardner, Anderson, Sayre, Miller
Citations
99 So. 299211 Ala. 561924 Ala. LEXIS 411

Opinion of the Court — Gardner

GARDNER, J.

Bill by the wife for the cancellation of mortgages on certain real estate, of which she is alleged to be the owner, upon the ground the debt secured is the debt of the husband, and she signed as surety only. Section 4497, Code 1907.

On the face of these mortgages a joint and several liability for the payment of the indebtedness thereby intended to be secured appears to have been assumed by complainant and her husband, T. A. Hall. The hus-bánd is not made a party of the bill, and the assignments of demurrer take the point he was a necessary party. It is conceded hy counsel for appellee, and correctly so, that these assignments of demurrer were well taken, and should have been sustained under the authority of Cudd v. Reynolds, 186 Ala. 207 , 65 South. 41—a case directly in point.

The decree overruling the demurrer will be reversed, and the cause remanded.

Reversed and remanded.

ANDERSON, C. J., and SAYRE and MILLER, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1925: 119252026peak 1925 · 1

Relies on it most ⓘ

  1. Hall v. Bank of Florala104 So. 791 (Ala. 1925)

Most recent

  1. Hall v. Bank of Florala104 So. 791 (Ala. 1925)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Cudd v. Reynolds, 65 So. 41 (Ala. 1914) 13

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