Stephenson v. Harris
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The appellant, R. L. Stephenson, on the 27th day of September, 1894, executed a mortgage to J. T. Allison on land described as “one house and ten acre® of land lying two- miles southwest of Decatur, on the Danville road, and being the north end of the northeast half of the northwest quarter of section 36, township 5, range 5 west,” in Morgan county, Alabama.
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Appeal from the Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The appellant, R. L. Stephenson, on the 27th day of September, 1894, executed a mortgage to J. T. Allison on land described as “one house and ten acre® of land lying two- miles southwest of Decatur, on the Danville road, and being the north end of the northeast half of the northwest quarter of section 36, township 5, range 5 west,” in Morgan county, Alabama. On the 22nd day of October, 1895, Stephenson filed his bill in the chancery court of said county against said Allison and €. C. Harris — who it was…
1Opinion of the CourtHaralson, J.
The whole difficulty with the complainant’s title to the land in question, and to his enjoyment of the possession of the same is, as appears, in the alleged misdescription of the same in the mortgage under .which it was sold by the decree of foreclosure, at the instance of the cross-complainants, in the chancery court *475in the suit of defendant Stephenson, v. Allison and 0. 0. Harris, — the latter being the present complainant,— said description appearing, not only in the said foreclosure bill, but in the decree therein, ordering a sale of the property; in the advertisement of sale by the…
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