Garrow v. Toxey
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Caleb Toxey against H. W. Garrow and another. Judgment for plaintiff and defendants appeal.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Caleb Toxey against H. W. Garrow and another. Judgment for plaintiff and defendants appeal. The mortgage from Wrag to Chandler did not cover the land in controversy, and the court erred in admitting it.—Garrow v. Toxey, 54 South. 556. The court erred in admitting parol and extrinsic evidence to vary and explain the description in the mortgage, as the ambiguity is patent.—Chambers v. Ringstaff, 69 Ala. 140; Dane v. Glennon, 72 Ala. 162; Vance v. Lunsford, 91 Ala. 576; Donahue v. Johnson, 128 Ala. 445. The Fulton…
1Opinion of the Court
de GRAFFENRIED, J.
The history of the title to the lands involved in this suit is of much interest. This history will be found in the opinion which was rendered by this court on the first appeal in this case.—See Garrow v. Toxey, 171 Ala. 644, 54 South. 556. The opinion on the first appeal gives the facts of this case and we will not restate them. ■ On the first appeal this court held that the patent issued by the United States government to Audley H. Gazzam — under which appellee claims the' land — is superior to the patent Avhich was issued to Miguel Eslava. The appellants claim under the…
2Cases cited4 opinions
- Tillotson v. Doe ex dem. KennedySupreme Court of Alabama · 1843
- Garrow v. ToxeySupreme Court of Alabama · 1911
- Bell v. LeggettSupreme Court of Alabama · 1912
- Heller v. CohenAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by13 opinions
- Mass Appraisal Services, Inc. v. CarmichaelSupreme Court of Alabama · 1981
- Gibson v. AndersonSupreme Court of Alabama · 1956
- Yolande Coal & Coke Co. v. PierceAlabama Court of Appeals · 1915
- Clark v. Cypress Shores Development Co.Supreme Court of Alabama · 1987
- Henderson v. NolandSupreme Court of Alabama · 1939
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