Seabury v. Hemley
Supreme Court of Alabama
A ureal from the Mobile Circuit Court. Heard before Hon. Samuel B. Browne.- Ejectment by Frank Hemley, against James M. Sea-bury, et al. Judgment for plaintiff and defendants appeal.
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A ureal from the Mobile Circuit Court. Heard before Hon. Samuel B. Browne.- Ejectment by Frank Hemley, against James M. Sea-bury, et al. Judgment for plaintiff and defendants appeal. The assignment of the mortgage spoken of in the opinion is as follows: “For value received, we hereby transfer, assign, and set over to Stark H. Oliver all our right, title, and interest in and to the within mortgage, together with all the poAvers therein and privileges thereby conferred upon us. Given under our hands and seals this the 1.4th day of October, 1874. E. B. Lott, Ch. Smith. Attest: W. S. Paine. O. P.…
1Opinion of the CourtAnderson, J.
The plaintiff grounded his right to recover upon two theories: First, a paper title running back to the common source, Chas. D. Friemuth; and, second, under color of title and a prior actual possession. The defendants contended for a title by adverse possession, and that they, and not the plaintiff, deraigned title from the said Friemuth, in that the mortgage given by him to Lott and Smith was void, for the reason that it was not signed by the wife and conveyed the homestead; that Friemuth died and left a widow, who died -without issue and left a sister, Mary Sullivan, who inherited same, and…
2Cases cited6 opinions
- Tyler v. JewettSupreme Court of Alabama · 1886
- Ward v. WardSupreme Court of Alabama · 1895
- Dicus v. Hall, Hooper & Co.Supreme Court of Alabama · 1887
- Wisdom v. ReevesSupreme Court of Alabama · 1895
- Grant v. NationsSupreme Court of Alabama · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Curtis v. RiddleSupreme Court of Alabama · 1912
- Crum v. LaSalle Bank, N.A.Court of Civil Appeals of Alabama · 2009
- Singleton v. JacksonSupreme Court of Alabama · 1912
- Union Bank & Trust Co. v. ThompsonSupreme Court of Alabama · 1919
1 more not listed; retrieve them via the Exa API.