Legal Opinion

Powell v. Young

Supreme Court of Alabama

Decided June 15, 1874Published

Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. This action was brought by John Powell against Leopold Young, to recover a city lot in Montgomery, together with damages for its detention; and was commenced on the 1st November, 1872. The cause was tried on issue joined on the plea of not guilty.

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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith. This action was brought by John Powell against Leopold Young, to recover a city lot in Montgomery, together with damages for its detention; and was commenced on the 1st November, 1872. The cause was tried on issue joined on the plea of not guilty. It was admitted that the lot belonged to John W. Gordon, on the 15th March, 1861. The plaintiff’s title was founded on a mortgage, executed to him by said Gordon on that day, to secure him against liability as surety for said Gordon on certain bills of exchange, one…

1Opinion of the CourtBrickell, J.

The condition of the mortgage, under which appellant claims the right of entry and possession of the premises in controversy, is, that if the mortgagor made default in the payment of either of the bills of exchange, of which appellant was his accommodation drawer or indorser, and he should be sued to judgment thereon, then he should have the right to enter into possession and make sale of the premises mortgaged. To prove default, and the happening of the event on which the right of entry and possession depended, the appellant offered in evidence transcripts of judgments rendered against him…

2Cases cited5 opinions

  1. Horn v. LockhartSupreme Court of the United States · 1873
  2. Donald & Co. v. HewittSupreme Court of Alabama · 1859
  3. Posey v. Decatur BankSupreme Court of Alabama · 1848
  4. Randolph v. BaldwinSupreme Court of Alabama · 1867
  5. Morrison v. TaylorSupreme Court of Alabama · 1852

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