Doe ex dem. Trotter v. Moog
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by John Doe, on the demise of Julia Trotter, against Delpliine Moog. From a judgment for defendant, plaintiff appeals. Fraud practiced on the grantor in the procurement and execution of a deed renders the deed void. — Morclecai v. Tankersly, 1 Ala. 100; Shelby Iron Go. v. Ridley, 135 Ala. 513. Appellee cannot, therefore, claim as a bona fide purchaser for value. — Wood r. Holly Mfg.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by John Doe, on the demise of Julia Trotter, against Delpliine Moog. From a judgment for defendant, plaintiff appeals. Fraud practiced on the grantor in the procurement and execution of a deed renders the deed void. — Morclecai v. Tankersly, 1 Ala. 100; Shelby Iron Go. v. Ridley, 135 Ala. 513. Appellee cannot, therefore, claim as a bona fide purchaser for value. — Wood r. Holly Mfg. Co., 100 Ala. 352. Recitals in tax deeds are not evidence unless made so by statute. — 4 Mayf. Dig. 921; Cooley on Taxation 353. The…
1Opinion of the CourtSimpson, J.
This was an action of ejectment, brought by the appellant against the appellee for the recovery 'of lot 19, in square 28, of the Fisher tract, in Mobile. The plaintiff produced in evidence- deeds from Pope to Armant, February 19, 1880; Armant to McDonald, August 11, 1886; Armant to Espalla, July 2, *4621887; and Espalla to Tyler (plaintiff’s former name), August 13, 1888 — all conveying lot 20; also deed from Armant to plaintiff, March 18, 1904, conveying lot 19. Plaintiff also introduced copies of quitclaim deeds from Armant to Lott, November 7, 1896, and Lott to defendant, -July 23, 1897,…
2Cases cited6 opinions
- Martin v. MartinSupreme Court of Alabama · 1860
- Henry v. ThorpeSupreme Court of Alabama · 1848
- Etowah Mining Co. v. Doe ex dem. CarlisleSupreme Court of Alabama · 1900
- Carter v. ChevalierSupreme Court of Alabama · 1895
- Stringfellow v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Street v. City of AnnistonSupreme Court of Alabama · 1980
- Odom v. AverettSupreme Court of Alabama · 1946
- Morris v. MouchetteSupreme Court of Alabama · 1940
- Webster v. TalleySupreme Court of Alabama · 1948
- Perolio v. Doe ex dem. Woodward Iron Co.Supreme Court of Alabama · 1916
8 more not listed; retrieve them via the Exa API.