Thompson v. New England Mortgage Security Co.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Marshall. Tried before the lion. J. A. Bilbro. This was a statutory action of ejectment, brought by the appellee, the New Kngland Mortgage ¡Security Company, against the appellant, David Thompson, to recover certain lands specifically described in the complaint. Issue was joined upon the plea of the general issue. For a proper understanding of tl\e decision of the ease on the present appeal, the facts are sufficiently stated in the opinion.
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Appeal from tlie Circuit Court of Marshall. Tried before the lion. J. A. Bilbro. This was a statutory action of ejectment, brought by the appellee, the New Kngland Mortgage ¡Security Company, against the appellant, David Thompson, to recover certain lands specifically described in the complaint. Issue was joined upon the plea of the general issue. For a proper understanding of tl\e decision of the ease on the present appeal, the facts are sufficiently stated in the opinion. Upon the hearing of all the evidence, the court at the request of tho plaintiff gave the general affirmative charge in…
1Opinion of the Court
HEAD,!.
The action is statutory1 ejectment to recover possession of land. The plaintiff in the court below offered in evidence a mortgage executed by the defendant, proved default therein, and a regular foreclosure, at which it became the purchaser, and rested. The mortgage showed that the wife joined in the conveyance ; her name appeared to be signed thereto, and the certificates of acknowledgement in the common form and of the separate examination of the wife were appended in strict compliance with the statute. The defendant proved, that the property sued for constituted his homestead at the…
2Cases cited15 opinions
- Whitlock v. GossonNebraska Supreme Court · 1892
- Ott v. SpragueSupreme Court of Kansas · 1882
- Williams v. SwetlandSupreme Court of Iowa · 1859
- Draper v. BrysonSupreme Court of Missouri · 1852
- Johnston v. TurnerSupreme Court of Arkansas · 1874
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3Cited by18 opinions
- Hall v. BrittonSupreme Court of Alabama · 1927
- Dougherty v. PoweSupreme Court of Alabama · 1900
- First Alabama Bank of Dothan v. RenfroSupreme Court of Alabama · 1984
- Lewis v. LewisSupreme Court of Alabama · 1917
- Metropolitan Life Ins. Co. v. EstesSupreme Court of Alabama · 1934
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