Alexander v. Caldwell
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Tried before Hon. John K. Henry. This was a real action in the nature of ejectment, brought by the appellants, J. D. Alexander, A. C. Davidson, F. M. McNeil, and J. T. Hollis, against the appellee, J. Decatur Caldwell, on the fifth day of February, 1878, to recover a tract of land, which appellee once owned, but which had been sold and conveyed to appellees under a power in a mortgage executed by Caldwell.
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Appeal from Wilcox Circuit Court. Tried before Hon. John K. Henry. This was a real action in the nature of ejectment, brought by the appellants, J. D. Alexander, A. C. Davidson, F. M. McNeil, and J. T. Hollis, against the appellee, J. Decatur Caldwell, on the fifth day of February, 1878, to recover a tract of land, which appellee once owned, but which had been sold and conveyed to appellees under a power in a mortgage executed by Caldwell. Defendant pleaded not guilty, and a special plea number two, which averred in substance, that said lands were on the 14th day of December, 1868, sold by…
1Opinion of the CourtStone, J.
The plaintiffs in the present action assert title as follows : That on the 6th day of November, 1860, defendant executed his mortgage to Patrick, Irwin & Co.r conveying to them the lands in controversy, to secure payment of a note given to them before that time for the sum of fourteen thousand and eighty and 80-100 dollars; that *551afterwards, in 1868, Patrick, Irwin & Co., assigned and transferred said note and mortgage to plaintiffs; that after-wards, in September, 1868, said J. Decatur Caldwell executed a power of sale, authorizing the said Patrick, Irwin & Co. or their assignees or legal…
2Cases cited5 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- You v. FlinnSupreme Court of Alabama · 1859
- Anderson v. MelearSupreme Court of Alabama · 1876
- Henley v. Branch Bank at MobileSupreme Court of Alabama · 1849
- Jonsen v. NabringSupreme Court of Alabama · 1874
3Cited by7 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Beatty v. BrownSupreme Court of Alabama · 1893
- Beebe v. BuxtonSupreme Court of Alabama · 1892
- Farley, Spear & Co. v. WhiteheadSupreme Court of Alabama · 1879
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