Legal Opinion

City of Birmingham v. Smyer

Supreme Court of Alabama

Decided March 28, 1935No. 6 Div. 665PublishedCited by 5 opinions

1Opinion of the Court

KNIGHT, Justice.

The complainant on April 15, 1927, the owner of certain described real estate, located in the city of Birmingham, Ala., sold and conveyed the same to the Oakwood Land Company. At the time of the sale, the lands were undeveloped and unimproved, and at that time had not been divided into lots.

The complainant sold the land for a small cash payment, and, to secure the balance of the purchase money, the purchaser executed to the seller a mortgage on the lands, which was delivered contemporaneously with the delivery of the deed. This mortgage was duly recorded.

After the purchase of…

2Cases cited13 opinions

  1. Jones v. New Orleans & Selma RailroadSupreme Court of Alabama · 1881
  2. Lyon v. AlleySupreme Court of the United States · 1889
  3. Thornton v. Sheffield & Birmingham R. R.Supreme Court of Alabama · 1887
  4. Singer v. SingerSupreme Court of Alabama · 1910
  5. Mandelcorn v. MandelcornSupreme Court of Alabama · 1934

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Jarrett v. HagedornSupreme Court of Alabama · 1938
  2. Montgomery v. Alabama Power Co.Supreme Court of Alabama · 1948
  3. City of Birmingham v. SmyerSupreme Court of Alabama · 1937
  4. City of Birmingham v. Alabama Home Building & Loan Ass'nSupreme Court of Alabama · 1936
  5. Finley v. Tarrant CitySupreme Court of Alabama · 1947

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