Patrick v. Hutchason
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Joseph M. Hutchason, against Geo. II.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Joseph M. Hutchason, against Geo. II. Patrick, to recover the possession of a tract of land particularly described in the complaint, with damages for its detention ; and was commenced on the 9th March, 1888. The defendant, on the 24th January, 1889, interposed a special plea puis darrein continuance, to which a demurrer was sustained; and the judgment on the demurrer is now assigned as error. The opinion states the material averments of the plea. cited Cotjle v. Wilkins, 57 Ala. 108;…
1Opinion of the CourtClopton, J.
The statutory real action for the recovery of the lands in the complaint mentioned, was commenced by appellee, March 9,1888. The plea puis darrein continuance, tiled January 24,1889, sets up the following facts against the further maintenance of the action: That on October 15,1886, before the accrual of the right of the plaintiff, defendant executed a mortgage on the lands sued for to E. A. Tweed, to secure a debt evidenced by two notes, specially described as to dates and amounts, and maturing, respectively, January 1, 1888, and October 15, 1889, bearing interest payable semiannually.…
2Cited by1 opinion
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