New England Mortgage Security Co. v. Payne
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. Jambs A. Bilbro. This was a statutory action of ejectment, brought by the appellant, the New England Mortgage Security Company, against the appellee, William E. Payne, to recover 400 acres of land, which was specifically described in the complaint. The transcript contains three replications filed by the plaintiff to a special plea of defendant; but this plea is not set out in the transcript.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. Jambs A. Bilbro. This was a statutory action of ejectment, brought by the appellant, the New England Mortgage Security Company, against the appellee, William E. Payne, to recover 400 acres of land, which was specifically described in the complaint. The transcript contains three replications filed by the plaintiff to a special plea of defendant; but this plea is not set out in the transcript. These replications were demurred to, and the demurrers thereto were sustained ; whereupon issue was joined on the plea of the general…
1Opinion of the CourtHaralson, J.
1. The case was tried on the plea of the general issue. There seems to have been a special plea interposed, to which plaintiff filed three replications, but what that plea was, we are not definitely informed. The first replication purports to be one to a plea “denying that the plaintiff, at the commencement of this action was seized of the legal title to the land described in the complaint.” They each proceed upon the idea, that defendant had pleaded in one or more pleas, that the lands mortgaged lay in Marshall county, and that, while the mortgage purports to have been acknowledged before a…
2Cases cited2 opinions
- Russell v. WalkerSupreme Court of Alabama · 1882
- Strauss & Steinhardt v. HarrisonSupreme Court of Alabama · 1885
3Cited by5 opinions
- Qualls v. QuallsSupreme Court of Alabama · 1916
- Sims v. GunterSupreme Court of Alabama · 1918
- Chattanooga National B. & L. Ass'n v. VaughtSupreme Court of Alabama · 1904
- Marks, Rothenberg & Co. v. WilsonSupreme Court of Alabama · 1896
- Hagan Bros. v. BeatySupreme Court of Alabama · 1918