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RICHARDSON v. HARBESON

No. 5625.

35 F.2d 1020 (1929)

Miriam B. RICHARDSON et al., Appellants, v. W. B. HARBESON et al., Appellees.

Circuit Court of Appeals, Fifth Circuit.

November 1, 1929.

Attorney(s) appearing for the Case

Fred S. Ball and Eugene Ballard, both of Montgomery, Ala. (Eugene Ballard and Ball & Ball, all of Montgomery, Ala., on the brief), for appellants.

B. P. Crum and Leon Weil, both of Montgomery, Ala. (Steiner, Crum & Weil, of Montgomery, Ala., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

PER CURIAM.

This was a suit to foreclose a mortgage given by the appellant Miriam B. Richardson and her husband on land owned by the former to secure a debt described in the mortgage. The granting of the relief sought was resisted on the ground that the debt to secure which the mortgage was given was not the debt of the wife, but was the conditional debt of the husband, with the result that the mortgage was unenforceable because of the provision of the Alabama statute...

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