HEWETT v. McGASTER

1 Div. 875.

133 So.2d 189 (1961)

L. G. HEWETT, d/b/a General Finance Co., et al. v. Joe McGASTER.

Supreme Court of Alabama.

September 14, 1961.


Attorney(s) appearing for the Case

Benj. H. Kilborn, Mobile, for appellants.

Tonsmeire & McFadden, Mobile, for appellee.


SIMPSON, Justice.

This is an appeal from a final decree of the Mobile Circuit Court in Equity, declaring a mortgage and foreclosure deed void. It appears from the pleading and decree that the ruling was rested on the conclusion that the mortgage was given on the homestead of the appellee without signature and assent of his wife, as required by our constitution and statute. The appeal challenges this ruling.

Appellee married Carrie McGaster in 1937 and purchased...

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