Mallory v. Stodder
Supreme Court of Alabama
Writ of error to the Circuit Court of Jefferson. Ttiis was an action of trespass, at the suit of the defendant in error, brought ns well to try t.ties and recover the possession of certain tracts of land s.tuate in the county ol Jefferson, and particularly described in the dedarat.on, as to recover damages tin' their occupancy. The cause was tried on the plea of ‘-not gu.lty,” and a verdict returned for the plaintiff, oil which judgment was-rendered.
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Writ of error to the Circuit Court of Jefferson. Ttiis was an action of trespass, at the suit of the defendant in error, brought ns well to try t.ties and recover the possession of certain tracts of land s.tuate in the county ol Jefferson, and particularly described in the dedarat.on, as to recover damages tin' their occupancy. The cause was tried on the plea of ‘-not gu.lty,” and a verdict returned for the plaintiff, oil which judgment was-rendered. To revise that judgment, a wr.t of error has been sued to this court. On the trial, the defendant excepted to the ruling of the circuit judge.…
1Opinion of the CourtCollier, C. J.
The act of 1823, enacts, that any deed or conveyance of land, &c. shall be void, and of no effect against a subsequent bona fide purchaser, or mortgagee for a valuable consideration without notice, unless the same shall be duly acknowledged or proved and certified, and lodged within six months after its execution and delivery, with the clerk of the county court of the county in which the lands, <fec. are situated, for registration. [Clay’s Dig. 154, § 18.] This provision is substantially re-enacted by the act of 1828, which also makes registration necessary as against creditors and…
2Cases cited1 opinion
- Botsford v. MorehouseSupreme Court of Connecticut · 1823
3Cited by10 opinions
- Arrrington v. ArringtonSupreme Court of Alabama · 1898
- Gimon v. DavisSupreme Court of Alabama · 1860
- Powell v. StateSupreme Court of Alabama · 1854
- De Vendell v. Doe ex dem. HamiltonSupreme Court of Alabama · 1855
- Tennessee Coal, Iron & Railroad v. GardnerSupreme Court of Alabama · 1901
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