Denby v. Mellgrew
Supreme Court of Alabama
Appeal from Chancery Court of Mobile. Heard before Hon. Hueiosco Austill. This was a bill filed by appellant, Charles Denby, to enjoin an action of ejectment, commenced by appellee, Mellgrew, by his next Mend, for the recovery of the possession of a certain lot in the city of Mobile.
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Appeal from Chancery Court of Mobile. Heard before Hon. Hueiosco Austill. This was a bill filed by appellant, Charles Denby, to enjoin an action of ejectment, commenced by appellee, Mellgrew, by his next Mend, for the recovery of the possession of a certain lot in the city of Mobile. Mellgrew’s claim of title is as follows : One C. F. Mellgrew conveyed the lot in controversy to Eliza, his wife, in fee, by voluntary deed, in March, 1858. Mrs. Mellgrew died May 8, 1862, leaving an only son, George H. Mellgrew, who was hilled in battle, in June, 1863, leaving the appellee his sole heir. The…
1Opinion of the Court
BBICKELL, 0. J.
Unless the bill is intended as a' bill for foreclosure of the several mortgages, of which the complainant claims to be the equitable owner, it is without equity. As to the appellee, the complainant, is, at law seized in fee of the legal estate, and has a full and complete defense to the action of ejectment. The conveyance to Eliza Mellgrew, the source of the title of the appellee, was subject and subordinate to the prior mortgage, the grantor had executed to Nicholas Thompson. The conveyance created by its terms in Mrs. Mellgrew an equitable, not a statutory separate estate.…
2Cases cited5 opinions
- Short v. BattleSupreme Court of Alabama · 1875
- Graham v. NewmanSupreme Court of Alabama · 1852
- Evans v. Billingsley's Adm'rSupreme Court of Alabama · 1858
- Roundtree v. HollowaySupreme Court of Alabama · 1848
- Roundtree v. WeaverSupreme Court of Alabama · 1845
3Cited by12 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Allen v. KellamSupreme Court of Alabama · 1881
- Slaughter v. Doe ex dem. Swift, Murphy & Co.Supreme Court of Alabama · 1880
- Draper v. WalkerSupreme Court of Alabama · 1893
- Williams v. NolandSupreme Court of Alabama · 1920
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