Boon v. Riley
Supreme Court of Alabama
Appear from Monroe Circuit Court. Heard before Hon. John T. Lackland. Ejectment by Sidney E. Riley against Prank Boon and others. Judgment for -plaintiff and defendant appeals.
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Appear from Monroe Circuit Court. Heard before Hon. John T. Lackland. Ejectment by Sidney E. Riley against Prank Boon and others. Judgment for -plaintiff and defendant appeals. The case was set down for hearing within the meaning of rule 28, Ch. Pr., and it was dismissed within the rule and such dismissal may be-pleaded in bar. — Howard v. Bugloy, 25 Ala. 548; Lanier v. Hill, 30 Ala. 111. Under sec. 3128, Code 1907, the cause having once been at issue continued at issue until dismissed by the complainant, notwithstanding the demurrers. Under rule 28 Ch. Pr., and sec. 3858, Code 1907, the…
1Opinion of the CourtSomerville, J.
The plaintiff in ejectment rested his title and right to recover the possession of the land from the defendants upon a mortgage deed executed by defendants to plaintiff’s wife, which after default she foreclosed by sale under power, executing a deed in due course and form to plaintiff as purchaser at that sale. The land in. suit was the separate estate of the defendant Bettie Boon, who is the wife of her codefendant *659Frank Boon; and, unless her title was divested by tbe said joint mortgage executed by them to plaintiff’s wife, she remained tbe owner of tbe land by title paramount to…
2Cases cited4 opinions
- Strang v. MoogSupreme Court of Alabama · 1882
- Warrior River Coal & Land Co. v. Alabama State Land Co.Supreme Court of Alabama · 1907
- Burgess v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1898
- Kelly v. GriffinSupreme Court of Alabama · 1910
3Cited by4 opinions
- Crowson v. CodySupreme Court of Alabama · 1926
- East v. SaksSupreme Court of Alabama · 1925
- Walker v. WalkerSupreme Court of Alabama · 1955
- State v. ClementsSupreme Court of Alabama · 1930