Smart v. Kennedy
Supreme Court of Alabama
Appeal from tlie Chancery Court of Barbour. v Heard before the Hon. Jere N. Williams. The bill in this case was filed by appellant, on the 3d of January, 1896, against appellees, C. C. Kennedy and wife, Mattie Kennedy, to foreclose a mortgage on land, executed April 9,1892. The defendants answered the bill, and filed three pleas to its maintenance, in which they, set up, 1st, that the’ lands mentioned in the mortgage were, at the time of its execution, the homestead of…
Read the full summary
Appeal from tlie Chancery Court of Barbour. v Heard before the Hon. Jere N. Williams. The bill in this case was filed by appellant, on the 3d of January, 1896, against appellees, C. C. Kennedy and wife, Mattie Kennedy, to foreclose a mortgage on land, executed April 9,1892. The defendants answered the bill, and filed three pleas to its maintenance, in which they, set up, 1st, that the’ lands mentioned in the mortgage were, at the time of its execution, the homestead of himself and family, and were occupied as such, and that said mortgage was never in. fact acknowledged by said Mattie Kennedy…
1Opinion of the CourtHaralson, J.
1. HoAvever it may be in. other, jurisdictions,- in Alabama the rule is, changing the- common laAV rule on the subject,.that tAvo judgments in ejectment, or statutory action in the nature of-ejectment, in favor of the defendant, bars a subsequent .action - he* tAveen the same parties or their-privies for the recovery of the same (land founded on the same title —Onde, § 1554 (2714). Accordingly it was .held, in Harper v. Campbell, 102 Ala. 342, which, was a bill in equity-to, enforce a vendor’s lien,- — after the complainant, in an action of ejectment by him in the circuit court, against, the…
2Cases cited10 opinions
- Nycum v. McAllisterSupreme Court of Iowa · 1871
- Lang v. MoreySupreme Court of Minnesota · 1889
- Kirkaldie v. LarrabeeCalifornia Supreme Court · 1866
- Cheney v. WhiteNebraska Supreme Court · 1876
- Moore v. McIntoshSupreme Court of Kansas · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Southern Railway Co. v. CowanSupreme Court of Alabama · 1900
- Burnett v. TaylorWyoming Supreme Court · 1927
- Hale v. McGrawSupreme Court of Alabama · 1917