Sylacauga Lodge, No. 200 v. McGhee
Alabama Court of Appeals
Appeal from Circuit Court, Shelby County; Lum Duke, Judge. Action by Sylacauga Lodge, No. 200, E. & A. M., against Perry McGhee. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtBrown, P. J.
The evidence offered by the plaintiff conclusively shows that the property sought to be recovered by this action had never been in its possession, but was adversely claimed and held by the defendant at the time the deed by the Sylacauga Fraternal Hall Association to appellant was executed and delivered. Therefore, aside from the question as to whether the description in the deed was sufficient to embrace the property in suit, the sale and conveyance as to the property so adversely held is void, and the plaintiff, relying on this conveyance, was not entitled to recover, and the court properly…
2Cases cited4 opinions
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Foy v. CochranSupreme Court of Alabama · 1889
- Rust v. Electric Lighting Co.Supreme Court of Alabama · 1899
- Billingsley v. HarrellSupreme Court of Alabama · 1847
3Cited by2 opinions
- Sanders v. Gernert Bros. Lumber Co.Supreme Court of Alabama · 1930
- Commercial Casualty Ins. Co. v. Isbell Nat. BankSupreme Court of Alabama · 1931