Christopher v. Shockley
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by Susan A. Christopher, in her individual right and as executrix, against J. P. Shockley and others, to foreclose a mortgage. Decree for respondents, and complaint appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by Susan A. Christopher, in her individual right and as executrix, against J. P. Shockley and others, to foreclose a mortgage. Decree for respondents, and complaint appeals. Complainant claims to foreclose a mortgage executed by one J. P. Shockley and wife, daughter and son-in-law, to her husband, William Christopher, in April, 1888, and recorded in May, 1888. William Christopher, the husband, is dead, and she claims under the will of the said William Christopher as executrix and legatee. In December, 1898, Shockley sold…
1Opinion of the Court
SOMERVILLE, J.(1) So far as notice to subsequent purchasers is concerned, the only duty resting upon a mortgagee is the due registration of the mortgage in the office of the probate judge, which is conclusive notice to all the world of everything that appears from the face of the mortgage.
Eliminating from consideration those matters which are not material, the only issue in this case — the issue which must control the result — is whether or not the complainant, Mrs. Christopher, had knowledge or notice of the fact that the respondent, Wise, was claiming to own the mortgaged land in his own…
2Cases cited6 opinions
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Boyd v. BeckSupreme Court of Alabama · 1857
- State v. ConnerSupreme Court of Alabama · 1881
- Alexander City U. W. & S. Co. v. Central of Ga. Railway Co.Supreme Court of Alabama · 1913
- Shockley v. ChristopherSupreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Boyce v. CasseseSupreme Court of Alabama · 2006
- Gilmore v. M B Realty Co., L.L.C.Supreme Court of Alabama · 2004
- Dewyer v. DoverSupreme Court of Alabama · 1931
- Haines v. TonningSupreme Court of Alabama · 1991
- Bellenger v. WhittSupreme Court of Alabama · 1922
13 more not listed; retrieve them via the Exa API.