Tait v. American Freehold Land Mortgage Co.
Supreme Court of Alabama
Appeal from Wilcox Chancery Court. Heard before Hon. Thos. H. Smith. The bill in this ease was filed by tlie American Freehold Land Mortgage Company against the appellant, Nareissa Tait.
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Appeal from Wilcox Chancery Court. Heard before Hon. Thos. H. Smith. The bill in this ease was filed by tlie American Freehold Land Mortgage Company against the appellant, Nareissa Tait. It was averred in the bill that on January 25, 1888, Charles E. Tail, who was the son of Nareissa Tait, borrowed from the 'Complainant $5,000 for the purpose, of paying a debt due by said (filarles E. Ta.it to J. Paul Junes, E. N. Jones and R. C. Jones, and that to secure the money so borrowed from the complainant, the said Citarles E. Tait executed a, mortgage upon certain lands which he specifically…
1Opinion of the CourtMoCLELLAN, C. J.
— The title of the mortgage company through its mortgage executed by Charles E. Tait in 1888 is a perfect title, evidenced by muniments in all respects regular and valid, as -against the deed executed by said Charles ¡to Narcissa Tait in 1899. The deed is, therefore, not a cloud on complainant’s title, and the present bill has no equity to a cancellation of it -as a cloud on title.
Whether the bill has equity to ithe end of subrogating the complainant to the lien of the mortgage executed by Charles E. Tait io the Joneses, and which mortgage was paid off by complainant, depends upon whether it…
2Cases cited3 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Gardner v. KnightSupreme Court of Alabama · 1899
- Faulk v. CallowaySupreme Court of Alabama · 1898
3Cited by12 opinions
- Savage v. BradleySupreme Court of Alabama · 1907
- Boyd v. GarrisonSupreme Court of Alabama · 1944
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1924
- Bigelow v. ScottSupreme Court of Alabama · 1902
- Chandler v. Home Loan Co.Supreme Court of Alabama · 1924
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