Gimon v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before tlie Eton. O. W. Kapier. This action was brought by Dominique Gimon, against Isaac S. Davis, to recover a city lot in Mobile, which was particularly described in the complaint. The only plea was, not guilty.
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Appeal from the Circuit Court of Mobile. Tried before tlie Eton. O. W. Kapier. This action was brought by Dominique Gimon, against Isaac S. Davis, to recover a city lot in Mobile, which was particularly described in the complaint. The only plea was, not guilty. The plaintiff derived title under a purchase at sheriff’s sale, under execution against John Ives, and a sheriff’s deed dated the 2d April, 1855; while the defendant claimed under a deed from Thomas Condon, as trustee for the wife of said Ives and her children, and said Ives and wife, dated the 20th March, 1856. It appeared on the…
1Opinion of the CourtA. J. Walker, C. J.
Williams, by deed, conveyed
the land in controversy to Ives, and took a mortgage of the land conveyed, to secure the payment of the purchase-money. The mortgage was recorded, but the deed was not. Subsequently, the deed was destroyed; the purchase-money was paid; and Williams, with the consent of Ives, conveyed to Condon, as a trustee for the wife of Ives and her children. After this conveyance to Condon, tlie land was sold under execution against Ives, and purchased by Gimon, the plaintiff, who took the sheriff’s deed, and had it recorded. Subsequently, Condon, having a power of sale…
2Cases cited7 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Fenno v. SayreSupreme Court of Alabama · 1842
- Stuyvesant v. HallNew York Court of Chancery · 1847
- Center v. P. & M. BankSupreme Court of Alabama · 1853
- Mallory v. StodderSupreme Court of Alabama · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Harris v. MillerSupreme Court of Alabama · 1881
- Hendricks v. KellySupreme Court of Alabama · 1879
- Heflin v. SlaySupreme Court of Alabama · 1884
21 more not listed; retrieve them via the Exa API.