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216 Ala. 206

113 So 15

Headley v. Mims

Supreme Court of Alabama

Decided May 19, 1927

Supreme Court of Alabama · decided 1927-05-19

Relies on Cox v. Brown

Good law ✅— No negative treatment on recordhow we know

Decided 1927-05-19

How this case has been cited

Cited by 26 later decisions — most recently December 2010 · most notably 368 So. 2d 554 - Sprinkle v. State (1978), Thompson v. City of Birmingham (1928)

26 state decisions

1201927193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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ANDERSON, C. J.

¶1 This bill was filed to foreclose a certain mortgage executed by the appellant and her husband, and the only defense relied upon was that the mortgage was given to secure the debt of the husband and not of the appellant. It seems that the loan was procured ■ to pay off certain debts for goods sold a certain business first conducted by the appellant and then subsequently conducted by her husband, she claiming that she sold the mercantile business to her husband before said debts were contracted, appellee contending that she did not sell out the business to the husband and that what purported to be a sale was a sham, or, if the sale was made, the creditors were not informed of same and appellant was nevertheless liable for said debts.

¶2 The burden of proof was on the appellant to establish the suretyship for the husband’s debts. Cox v. Brown, 198 Ala. 638, 73 So. 964. We think that the appellant has not only failed to meet this burden, but tbe weight of the evidence shows that there was no real or substantial change in the business as would affect third persons, and that she was liable for the debts contracted for tbe purchase of goods by the said business.

¶3 The decree of the circuit court is affirmed.

¶4 Affirmed.

SAYRE, GARDNER, and BOULDIN, JJ., concur.
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