Alexander v. Livingston
Supreme Court of Alabama
Appeal from Circuit Court, Autauga County; B. K. McMurray, Judge. Bill by Mary Livingston against John A. Alexander, as administrator, and others, to declare certain deeds null and void, to sell land for division, and .to fix the lien of a judgment and a mortgage upon the proper interest. From a decree granting the relief, respondents appeal.
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Appeal from Circuit Court, Autauga County; B. K. McMurray, Judge. Bill by Mary Livingston against John A. Alexander, as administrator, and others, to declare certain deeds null and void, to sell land for division, and .to fix the lien of a judgment and a mortgage upon the proper interest. From a decree granting the relief, respondents appeal. There is no evidence that fair value was not paid for the land in question, but, on the contrary, a valuable consideration is shown. 8 Ala. 32; 51 Ala. 288; 85 Ala. 284, 3 South. 767; section 3347, Code 1907. The court therefore erred in holding the deed…
1Opinion of the CourtMiller, J.
This is a bill in equity to have two deeds declared null and void because the grantor was at the time a non compos mentis, to then have the land conveyed by them sold for division between the owners because it cannot be equitably divided, and to have mortgages and recorded judgments on the land declared liens on the interest only of the mortgagor and judgment debtor.
Mrs. Ella S. Livingston owned a lot in the town of Prattville, Ala., and an undivided one-third interest in 400 acres of land in Autauga county, Ala. Her son George S. Livingston owned the other two-thirds interest in the 400-acre…
2Cases cited10 opinions
- Craft v. RussellSupreme Court of Alabama · 1880
- Wells v. MorrowSupreme Court of Alabama · 1861
- Stein v. McGrathSupreme Court of Alabama · 1900
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Mitchell v. BaldwinSupreme Court of Alabama · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Metropolitan Life Ins. Co. v. BramlettSupreme Court of Alabama · 1932
- Wood v. BarnettSupreme Court of Alabama · 1922
- Chandler v. Home Loan Co.Supreme Court of Alabama · 1924
- McClelland v. CostonSupreme Court of Alabama · 1933
- Hughes v. BullenSupreme Court of Alabama · 1923
8 more not listed; retrieve them via the Exa API.