Stodenmeyer v. Hart
Supreme Court of Alabama
Ejectment. Appeal from. Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Sidney Hart against Amelia Stodenmyer for the recovery of land. Judgment for plaintiff and defendant appeals. The court erred in overruling defendant’s objection to the foreclosure deed.
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Ejectment. Appeal from. Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Sidney Hart against Amelia Stodenmyer for the recovery of land. Judgment for plaintiff and defendant appeals. The court erred in overruling defendant’s objection to the foreclosure deed. Powers of attorney are strictly construed. — Deering v. Lightfoot, 16 Ala. 28; Cummins v. Beaumont, 78 Ala. 204. The court erred in admitting the letter in evidence . — Garrett, v. Garrett, 64 Ala. 263; Shrimptonv. Brice, 102 Ala. 655; Johnson v. Fuel Go. 90 Ala.- 505. The tax list was not properly admitted.—…
1Opinion of the CourtDowdell, J.
This is a statutory action of ejectment. The plaintiff relied for title and right of recovery of the land sued for on a mortgage executed to the plaintiff by the defendant and a purported deed executed by the plaintiff to himself under foreclosure proceedings had under powers given in the mortgage. If it be conceded that the deed executed under the foreclosure proceedings was invalid and insufficient under the powers contained in the mortgage to- convey title, yet, if the *245mortgage was valid, it (the mortgage) conveyed the legal title into the plaintiff, and this was sufficient to make a prima…
2Cited by2 opinions
- Alabama Great Southern Railway Co. v. ChoateSupreme Court of Alabama · 1913
- Mallory v. AgeeSupreme Court of Alabama · 1932