Penny v. British & American Mortgage Co.
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hon. J. A. Bilbro. The opinion states the facts. (1.) The mortgage from Lancaster and wife was void for want of proper certificate of separate acknowledgment. — Alford v. Lehman, 76 Ala. 326; Strip-Un v. Cooper, 80 Ala. 256; Strauss v. Harrison, 79 Ala. 324; Crider v. Mortgage Co., 99 Ala. 281. (2.) The decree of the chancery court was not res judicata.- — 2d Parsons On Contr., (7th ed.), 800; Stapp v. Wilkinson, 80 Ala. 47;…
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Appeal from Cherokee Circuit Court. Tried before Hon. J. A. Bilbro. The opinion states the facts. (1.) The mortgage from Lancaster and wife was void for want of proper certificate of separate acknowledgment. — Alford v. Lehman, 76 Ala. 326; Strip-Un v. Cooper, 80 Ala. 256; Strauss v. Harrison, 79 Ala. 324; Crider v. Mortgage Co., 99 Ala. 281. (2.) The decree of the chancery court was not res judicata.- — 2d Parsons On Contr., (7th ed.), 800; Stapp v. Wilkinson, 80 Ala. 47; McIntosh v. Parker, 82 Ala. 340; Belcher v. Scruggs, 27 So. Rep. 839; Williams v. Lmorence, 26 So*. Rep. 647; LockaA-d v.…
1Opinion of the CourtMcCLELLAN, C. J.
— This is a statutory action in the nature of ejectment prosecuted by the mortgage *359company against Penny. Plaintiff deraigned title, by mesne conveyances, from the defendant. It claimed that Penny conveyed to (1. W. Lancaster and Martha E. Lancaster, who were husband and wife, and that said Lancasters conveyed to it by mortgage which had been foreclosed the company becoming the purchaser at foreclosure sale and receiving a deed thereunder. The defendant attacks the first and second links in this alleged chain of title. His contention is, first, that the deed executed by him to the Lancasters…
2Cases cited14 opinions
- Sharpe v. OrmeSupreme Court of Alabama · 1878
- Andrews v. McCoySupreme Court of Alabama · 1846
- Bradford v. DawsonSupreme Court of Alabama · 1841
- Tankersly v. PettisSupreme Court of Alabama · 1881
- Strang v. MoogSupreme Court of Alabama · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bell v. McLaughlinSupreme Court of Alabama · 1913
- Davidson v. BrownSupreme Court of Alabama · 1926
- Irwin v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1925
- Smith v. RoneySupreme Court of Alabama · 1913
- Gray v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1926
9 more not listed; retrieve them via the Exa API.