Legal Opinion

Toomer v. Randolph

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 21 opinions

Appeal from the Circuit Court of Hale. The record does not show the name of the presiding judge. This action was brought by the appellants, suing as partners, against Philip B. Cabell; and was commenced by attachment, sued out on the ground of the defendant’s non-residence.

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Appeal from the Circuit Court of Hale. The record does not show the name of the presiding judge. This action was brought by the appellants, suing as partners, against Philip B. Cabell; and was commenced by attachment, sued out on the ground of the defendant’s non-residence. The affidavit for the attachment was made on the 26th January, 1876, before a justice of the peace of the city and county of Mobile, by whom also the attachment bond was taken and approved; and it is recited in the bond that the attachment has been obtained, returnable to the next term of the Circuit Court of Hale. The…

1Opinion of the CourtBrickell, C. J.

A mortgagee, if there is not in the mortgage a stipulation to the contrary, or a reservation by the mortgagor of possession until default in the payment of the mortgage debt, has the immediate right of entry, and may eject the mortgagor or his tenants.—Duval v. McLoskey, 1 Ala. 737; Welsh v. Phillips, 54 Ala. 309. The theory of a mortgage, prevailing in this State, is that, at law, it creates in the mortgagee a direct, immediate estate in the land — afee simple, unless other toise expressly limited. The estate is conditional — annexed to the fee is a condition, which may defeat it. If the…

2Cases cited11 opinions

  1. Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
  2. Welsh v. PhillipsSupreme Court of Alabama · 1875
  3. Hubbell v. . MoulsonNew York Court of Appeals · 1873
  4. Henry v. Murphy & Co.Supreme Court of Alabama · 1875
  5. Barker v. BellSupreme Court of Alabama · 1861

6 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
  2. Harris v. MillerSupreme Court of Alabama · 1881
  3. Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
  4. Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
  5. Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880

16 more not listed; retrieve them via the Exa API.

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