Hart v. Adler
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. ¥i. W. Wilkerson. This was a statutory action • of ejectment by Sidney Hart, the appellant, against Issac Adler, the appellee. Both parties claimed title from a common source, one T. W. Walker. Said Walker executed a mortgage to one Perryman, to secure certain promissory notes.
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Appeal from the City Court of Birmingham. Tried before the Hon. ¥i. W. Wilkerson. This was a statutory action • of ejectment by Sidney Hart, the appellant, against Issac Adler, the appellee. Both parties claimed title from a common source, one T. W. Walker. Said Walker executed a mortgage to one Perryman, to secure certain promissory notes. Perryman borrowed money from Jonas Schwab, and, as collateral security for the payment of said loan, transferred, by indorsement, to said Schwab several of the notes executed by Walker, ■ and at the sainé time delivered to Schwab the mortgage securing said…
1Opinion of the CourtBrickell, C. J.
As is very properly stated in the argument of the counsel for appellants, the main, controlling points of contention in the case, are, whether Schwab, having acquired the note of Walker, from Perryman, the payee, as collateral security for a loan of money on a usurious consideration, is entitled to protection as a bona fide holder, against the transactions between Walker and Perryman, by which the mortgage was released, and a subsequent purchaser, without notice, on a valuable consideration, acquired the legal estate? And, whether in any event, there was a valid foreclosure by the sale, at…
2Cases cited7 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Hawley v. BibbSupreme Court of Alabama · 1881
- Ramsdell v. MorganNew York Supreme Court · 1837
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
- McCall v. RogersSupreme Court of Alabama · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Commercial Credit Co. v. TarwaterSupreme Court of Alabama · 1926
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
- Lewis v. HickmanSupreme Court of Alabama · 1917
- Fortson v. BishopSupreme Court of Alabama · 1920
- In re Elmore Cotton MillsDistrict Court, S.D. Alabama · 1914
9 more not listed; retrieve them via the Exa API.