Buell v. Underwood
Supreme Court of Alabama
Appeal from the Circuit Court of Crensbaw. Tried before the Hon. John K. Henry. This action was brought by David Buell, against Vi A. T. Underwood and Henry Brunson, to recover t,he possession of a tract of land, which was particularly described in the complaint ; and was commenced on the 13th February, 1880. The cause was tried, as the bill of exceptions states, “ on tbe plea of the general issue, and other pleas. ” On the trial, the plaintiff offered in evidence a mortgage…
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Appeal from the Circuit Court of Crensbaw. Tried before the Hon. John K. Henry. This action was brought by David Buell, against Vi A. T. Underwood and Henry Brunson, to recover t,he possession of a tract of land, which was particularly described in the complaint ; and was commenced on the 13th February, 1880. The cause was tried, as the bill of exceptions states, “ on tbe plea of the general issue, and other pleas. ” On the trial, the plaintiff offered in evidence a mortgage executed by said Underwood and wife, dated the 1st April, 1873, by which they conveyed to J. H. Weil & Co. the land…
1Opinion of the CourtSomeryille, J.
— The sole question properly presented by the record, in this case, involves the construction of section 2198 of the Code (1876), which is as follows,: “ Where a power to sell lands is given to the grantee, in any mortgage, or other conveyance intended to secure the payment of money, the poioer is part of the security, and may be executed by any person, or the personal representative of any person, who, by assignment or otherwise, becomes entitled to the money thus secured. ”
The instrument claimed to be assigned here, is a mortgage, in the usual form, conveying the land for the recovery of…
2Cases cited3 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Graham v. NewmanSupreme Court of Alabama · 1852
- Lewis v. WellsSupreme Court of Alabama · 1874
3Cited by9 opinions
- Ward v. WardSupreme Court of Alabama · 1895
- Harton v. LittleSupreme Court of Alabama · 1911
- Sanders v. Cassady & BlackwellSupreme Court of Alabama · 1888
- Martinez v. LindseySupreme Court of Alabama · 1890
- Loeb v. McCulloughSupreme Court of Alabama · 1885
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