Legal Opinion

Probst v. Bush

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 2 opinions

Appeal from the Circuit Court of Calhoun. Tried before the Hon. George E. Brewer. This was a statutory action of ejectment, brought on October 17, 1894, by the appellants against the appellees., to recover certain, lands specifically described in the complaint. The defendants pleaded the general issue, and adverse possession.

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Appeal from the Circuit Court of Calhoun. Tried before the Hon. George E. Brewer. This was a statutory action of ejectment, brought on October 17, 1894, by the appellants against the appellees., to recover certain, lands specifically described in the complaint. The defendants pleaded the general issue, and adverse possession. Upon the trial of the cause, as is shown by the bill of exceptions, the evidence for the plaintiffs showed that the title to the lands sued for passed by patent issued by the Government to the Woodstock Iron Company, on December 5, 1884; that on June 14, 1890, the…

1Opinion of the CourtMcCLELLAN, J.

This case may be thus stated: A, being in the adverse possession of land, B, who claimed title, executed to C. a mortgage on the land. C. had the land sold under a decree foreclosing the mortgage to which A. was not a party. D. became the purchaser at that sale and received a conveyance from the register in accordance with the decree. He now prosecutes this-suit against A. for the recovery of the land. A.’s defense is that the mortgage from B. to C. was void because the land was adversely held by him, A., when the mortgage was executed, and has continued to be so held. D.’s replication is…

2Cited by2 opinions

  1. Lowery v. BakerSupreme Court of Alabama · 1904
  2. Chevalier v. CarterSupreme Court of Alabama · 1899

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