Little v. Thomas
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County ; O. A. Steele, Judge. Ejectment by J. A. Thomas against Mary K. Little and another. From judgment for plaintiff, the named defendant appeals.
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Appeal from Circuit Court, Etowah County ; O. A. Steele, Judge. Ejectment by J. A. Thomas against Mary K. Little and another. From judgment for plaintiff, the named defendant appeals. The evidence of the witness Herzberg was relevant, and the defendant was entitled to the affirmative charge. 187 Ala. 350, 65 South. 796; 201 Ala. 366, 78 South. 222; 174 Ala. 113, 56 South. 532; 130 Ala. 313, 3t) South. 493. It was error to admit the account of Hagin, as it appeared on the ledger. 63 Ala. 494, 35 Am. Rep. 54; 82 Ala. 444, 2 South. 747; 118 Ala. 246, 24 South. 80. The judgment was indefinite.…
1Opinion of the CourtThomas, J.
The appeal is prosecuted from a judgment for plaintiff in a statutory action of ejectment.
The undisputed facts are that on the 13th of March, 1916, E. H. and Mary K. Little (the appellant) executed a mortgage on the lands sued for, to secure the payment of $2,300 to one J. T. Hagin. The debt was evidenced by eight promissory notes, seven of which were for $300 and the last for $200, due respectively in June, September, and December, 1916, March, June, September, and December, 1917, and March, 1918. After the last note had matured, on April 16, 1918, the mortgage was foreclosed under the power…
2Cases cited39 opinions
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- East Birmingham Realty Co. v. Birmingham Machine & Foundry Co.Supreme Court of Alabama · 1909
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