Dennis v. McEntire Mercantile Co.
Supreme Court of Alabama
Appeal from Winston Circuit Court. Heard before Hon. J. J. Curtis. Bill by D. R. Dennis against tlie McEntire Mercantile Company to quiet title to land. Decree for respondent and complainant appeals.
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Appeal from Winston Circuit Court. Heard before Hon. J. J. Curtis. Bill by D. R. Dennis against tlie McEntire Mercantile Company to quiet title to land. Decree for respondent and complainant appeals. The execution of the deed did not impair the legal or equitable rights of the mortgagee.—Fouche v. Bwam, 80 Ala. 151; Jones v. Davis, 121 Ala. 315; Threefoot Bros. v. Hillman, 150 Ala. 256. Complainant was entitled to maintain the bill under § 5443, Code 1907.— § 2456, Code 1907; Brand v. U. 8. Oar Go., 128 Ala. 583; Bo. Ry. v. Hall, 145 Ala. 226; Wood L. Go. v. Williams, 157 Ala. 73; Jordan v.…
1Opinion of the CourtSayre, J.
Complainant (appellant) filed this bill to clear up his title to a tract of land. Complainant and defendant claim through one Barron as a common source of title. Complainant’s title is evidenced by a mortgage dated December 23, 1905, recorded February 6, 1906, and a deed from the mortgagor, Barron, executed and delivered December 3, 1907, recorded December 11, 1907. During the year 1908 complainant held undisputed actual possession through a tenant.
Defendant traces its title through a mortgage of May 5, 1906, recorded May 10th, and a foreclosure deed of December 24, 1908. Complainant’s tenant…
2Cases cited4 opinions
- Southern Railway Co. v. HallSupreme Court of Alabama · 1906
- New England Mortgage Security Co. v. Hirsch Bros.Supreme Court of Alabama · 1892
- Holland v. ColemanSupreme Court of Alabama · 1909
- Smith v. GordonSupreme Court of Alabama · 1902
3Cited by12 opinions
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Hughes & Tidwell Supply Co. v. CarrSupreme Court of Alabama · 1919
- Carr v. MooreSupreme Court of Alabama · 1919
- Yett v. Houston Farms Development Co.Court of Appeals of Texas · 1931
- Burns v. AustinSupreme Court of Alabama · 1932
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