Gordon v. Smith
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Southern Division of the Northern District of Alabama. This was a suit by Basil B. Gordon against William J. Smith, C. A. Johnston, the First National Bank of Columbus, Miss., R. T. Williams, and E. A. Quintard, to establish a lien on certain lands and to redeem the same.
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Appeal from the Circuit Court of the United States for the Southern Division of the Northern District of Alabama. This was a suit by Basil B. Gordon against William J. Smith, C. A. Johnston, the First National Bank of Columbus, Miss., R. T. Williams, and E. A. Quintard, to establish a lien on certain lands and to redeem the same. On April 19, 1884, one B. W. Rucker conveyed to W. J. Smith, by general warranty deed, certain 840 acres of land, situated in Walker county, Ala., together with all the mines and mining rights, — the whole constituting the mining lands and properly involved in this…
1Opinion of the CourtPardee, Circuit Judge
The conceded facts of this case require that, as between Smith and Gordon, the latter’s title to the land in controversy, as deeded by the Wolf Creek Coal Company, the validity of the mortgage made by the Wolf Creek Coal Company to secure the issue of $50,000 of bonds, and Gordon’s rights, as pledgee of such bonds, to a good title to the land in controversy, if Smith can give it, shall be recognized. Now, when we consider that in fact Smith had nothing to convey, nothing to pledge, but an interest in the property subject to mortgage rights and outstanding judgments, there is no question that,…
2Cases cited17 opinions
- Douglass v. County of PikeSupreme Court of the United States · 1880
- Moore v. CrawfordSupreme Court of the United States · 1889
- Clark v. BeverSupreme Court of the United States · 1891
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Powers v. AndrewsSupreme Court of Alabama · 1887
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