Hodnett v. Howle
Supreme Court of Alabama
Appeal from Circuit Court, Elmore County; Walter B. Jones, Judge. Bill by M. P. Hodnett against J. M. How-ie and others. Erom a decree sustaining demurrers to the bill, complainant appeals. The bill alleges that complainant was indebted to the Howies, and in order to secure said indebtedness executed to them a deed to certain land.
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Appeal from Circuit Court, Elmore County; Walter B. Jones, Judge. Bill by M. P. Hodnett against J. M. How-ie and others. Erom a decree sustaining demurrers to the bill, complainant appeals. The bill alleges that complainant was indebted to the Howies, and in order to secure said indebtedness executed to them a deed to certain land. It seems tha.t soon after the execution of the deed it was recorded, and the Howies went into possession of the land, and later conveyed portions of it to the parties named above. The bill also offers to do equity, and places complainant under jurisdiction of the…
1Opinion of the CourtSayre, J.
Bill by Hodnett against his vendees in a duly recorded deed and their subvendees to declare complainant’s deed a mortgage and to redeem. Demurrer taking the point that the amended bill failed .to aver that the subvendees had notice of complainant’s alleged equity was sustained, after which this appeal. The defense of bona fide purchase for value without notice must be raised by averment of the facts constituting-the defense in the answer, by'plea, or, when the facts appear on the face of the complaint, by demurrer. Kelley v. Chandler, 184 Ala. 358, 63 South. 941; 2 Pom. Eq. Jur. (4th Ed.) §…
2Cases cited5 opinions
- Hanchey v. HurleySupreme Court of Alabama · 1900
- Hightower v. RigsbySupreme Court of Alabama · 1876
- Kelley v. ChandlerSupreme Court of Alabama · 1913
- Lambert v. NewmanSupreme Court of Alabama · 1876
- Knight v. KnightSupreme Court of Alabama · 1896
3Cited by3 opinions
- Kibbe v. ScholesSupreme Court of Alabama · 1929
- Adams v. PollakSupreme Court of Alabama · 1928
- Hogan v. BaileySupreme Court of Alabama · 1937