Tutwiler v. Montgomery
Supreme Court of Alabama
Appeal from Greene Circuit Court. Tried before lion. ¥h. S. Mudo. . This was a statutory real action in the nature of ejectment, brought by H. A. Tutwiler against D. M. Montgomery and Amos Horton; was commenced on 18th January, 1881; and was tried on issue joined on the plea of not guilty, the trial resulting in a verdict and judgment for the defendants. Both parties claimed title through A. S. Steele.
Read the full summary
Appeal from Greene Circuit Court. Tried before lion. ¥h. S. Mudo. . This was a statutory real action in the nature of ejectment, brought by H. A. Tutwiler against D. M. Montgomery and Amos Horton; was commenced on 18th January, 1881; and was tried on issue joined on the plea of not guilty, the trial resulting in a verdict and judgment for the defendants. Both parties claimed title through A. S. Steele. The plaintiff’s evidence tended to show that on 10th day of November, 1873, S. P. Steele, as administrator of the estate of Tobias Cox; deceased, made a final settlement of his administration…
1Opinion of the CourtBmckell, C. J.
— The purpose of statutes of registration is the protection of innocent purchasers and creditors against secret or unknown conveyances, and it is only as to them unregistered conveyances are avoided. As between the parties, and as to all others than the creditors or purchasers designated in the statute, unregistered conveyances are valid and operative. The statutes, prior to the Code, pronounced an unregistered conveyance of laud, whether absolute or conditional, void as to subsequent purchasers for value, mortgagees, 'and creditors, not having notice of it. The general term creditors was…
2Cases cited12 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Wood v. LakeSupreme Court of Alabama · 1878
- Burt v. CassetySupreme Court of Alabama · 1848
- Brunson v. BrooksSupreme Court of Alabama · 1880
- Harris v. Carter's AdministratorsSupreme Court of Alabama · 1830
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
- Chadwick v. CarsonSupreme Court of Alabama · 1884
- Winston v. HodgesSupreme Court of Alabama · 1893
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1888
- Berney National Bank v. Pinckard, DeBardelaben & Co.Supreme Court of Alabama · 1888
14 more not listed; retrieve them via the Exa API.