Pridgen v. Elson

BOULDIN, Justice.

Appellant sued appellee on statutory action of ejectment to recover certain residence property in the city of Dothan. The cause was tried on an agreed statement of facts. We summarize the material facts:

The plaintiff claimed as assignee of a mortgage on the lands. Defendant claimed under the mortgagor. For convenience we speak of them as the mortgagee and mortgagor.

The mortgage debt being in default, the mortgagee, on August 4, 1937, made demand for possession of the property, and for payment of rent from that date. Possession not being surrendered, the mortgagee proceeded to…