Sibley v. Alba
Supreme Court of Alabama
Appeal from tbe Chancery Court of Mobile. Heard before tbe Hon. W'm. H. Tayloe. Tbe bill in tbis case was filed on tbe 6tli October, 1890, by Origen S. Sibley against Peter E. Alba, and sought partition of a certain tract of land of which tbe com-plainanfc claimed, to own an undivided one-balf interest, and alleged that tbe defendant was seized of tbe other balf as tenant in common witb bim.
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Appeal from tbe Chancery Court of Mobile. Heard before tbe Hon. W'm. H. Tayloe. Tbe bill in tbis case was filed on tbe 6tli October, 1890, by Origen S. Sibley against Peter E. Alba, and sought partition of a certain tract of land of which tbe com-plainanfc claimed, to own an undivided one-balf interest, and alleged that tbe defendant was seized of tbe other balf as tenant in common witb bim. Tbe bill contained an allegation in these words : “Tour orator shows that bis title to tbe said undivided one balf of said lands is derived as follows : James H. Duvall, being seized of an indefeasible…
1Opinion of the CourtStone, C. J.
This case was submitted to tbe chancellor on tbe sufficiency of four several pleas. Tbe first, second and fourth were held insufficient, while tbe third was pronounced a good defense to tbe bill. There are cross-assignments of error, and tbe sufficiency of each of tbe pleas is thus presented for our decision.
Sibley’s title, as alleged, arose as follows: In October, 1869, one Duvall executed to Brown a mortgage on an undivided half interest in certain lots of land in Mobile county, to secure a debt of $2,500.00, due in one and two years. Tbat mortgage was duly recorded. In November, 1888,…
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