Chattanooga National B. & L. Ass'n v. Vaught
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. Jno. A. Bilbro. This was a statutory action in the nature of ejectment. The facts of the case are sufficiently stated in the opinion. Monroe r,. Arthur, 126 Ala. 362; Fea,me v. Beirne., 129 Ala. 435. Grider v. Mortgage, Go., 99 Ala. 281; Guldens v. Bolling, 99 Ala. 319; Mortgage Go. o. Jetones, 105 Ala. 347; Mortgage Go. v. Peeples, 102 Ala. 399; Mortgage (-o. v. Payne, 107 Ala. 578; McLendon r.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. Jno. A. Bilbro. This was a statutory action in the nature of ejectment. The facts of the case are sufficiently stated in the opinion. Monroe r,. Arthur, 126 Ala. 362; Fea,me v. Beirne., 129 Ala. 435. Grider v. Mortgage, Go., 99 Ala. 281; Guldens v. Bolling, 99 Ala. 319; Mortgage Go. o. Jetones, 105 Ala. 347; Mortgage Go. v. Peeples, 102 Ala. 399; Mortgage (-o. v. Payne, 107 Ala. 578; McLendon r. Mortgage Go., 119 Ala. 518; Ghwney v. Nathan, 110 Ala. 254.
1Opinion of the CourtDowdell, J.
This is a statutory action in the nature, of ejectment. The defendant’s plea was not guilty.
The plaintiff’s right to recovery was based on a mortgage, purporting to have been executed by the defendant and his wife. The land conveyed in the mortgage constituted the homestead of the defendant.
The defendant offered evidence tending to show that the certificate of 'the wife’s examination and'acknowledgment was false, and that, in fact, no examination of, and acknowledgment by, the wife, as certified to, was ever had. The plaintiff offered evidence in rebuttal of this. This being the only defense,…
2Cases cited4 opinions
- Monroe v. ArthurSupreme Court of Alabama · 1899
- Edinburgh American Land Mortgage Co. v. PeoplesSupreme Court of Alabama · 1893
- Watts v. FrazerSupreme Court of Alabama · 1885
- New England Mortgage Security Co. v. PayneSupreme Court of Alabama · 1894
3Cited by13 opinions
- Jay v. StateAlabama Court of Appeals · 1916
- Ex Parte City Bank & Trust Co.Supreme Court of Alabama · 1917
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- Vizard v. RobinsonSupreme Court of Alabama · 1913
- Qualls v. QuallsSupreme Court of Alabama · 1916
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