Cotton v. Carlisle
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. JohnP. Hubbard. This action was brought by M. N. Carlisle against G. J. Cotton, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 26th March, 1887. The cause was tried on issue joined on the plea of not guilty.
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Appeal from the Circuit Court of Pike. Tried before the Hon. JohnP. Hubbard. This action was brought by M. N. Carlisle against G. J. Cotton, to recover the possession of a tract of land particularly described in the complaint; and was commenced on the 26th March, 1887. The cause was tried on issue joined on the plea of not guilty. The plaintiff claimed the land under a purchase at sheriff’s sale under execution against said Cotton, and produced the sheriff’s deed, which was in all respects regular, and admitted in evidence without objection. The execution was.issued on the 31st December,…
1Opinion of the CourtClopton, J.
As stated in the bill of exceptions, the only question presented for decision is, whether a mortgagor in possession can set up the outstanding title of the mortgagee, to defeat ah action of ejectment brought by a purchaser of the equity of redemption, at a sale under execution against the mortgagor. The sale under an execution against the defendant, issued on a valid judgment, the purchase by, and the sheriff’s conveyance to appellee, who brings the action, and the mortgages made by the defendant prior to the rendition of the judgment, are conceded facts. Defendant insists, that the title and…
2Cases cited4 opinions
- Childress v. MonetteSupreme Court of Alabama · 1875
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Allen v. KellamSupreme Court of Alabama · 1881
- Atcheson v. Broadhead's Adm'rSupreme Court of Alabama · 1876
3Cited by7 opinions
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Turner Coal Co. v. GloverSupreme Court of Alabama · 1893
- Lowery v. Louisville N. R. Co.Supreme Court of Alabama · 1934
- Carter v. SmithSupreme Court of Alabama · 1904
- Phillips v. Birmingham Industrial Co.Supreme Court of Alabama · 1911
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