Espalla v. Touart
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The sale at which the appellee, Louis Touart, became the purchaser of the land, an undivided interest in which was covered by the mortgages to the appellant, Joseph Espalla, Jr., and to Lienkauff & Strauss, respectively, was under a decree of the Probate Court, rendered on a petition by the tenants in common for the sale of the land for distribution, on the ground that it could not be equitably…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. W. H. Tayloe. The sale at which the appellee, Louis Touart, became the purchaser of the land, an undivided interest in which was covered by the mortgages to the appellant, Joseph Espalla, Jr., and to Lienkauff & Strauss, respectively, was under a decree of the Probate Court, rendered on a petition by the tenants in common for the sale of the land for distribution, on the ground that it could not be equitably divided or partitioned among them. The other facts, and the pleadings in the case, are sufficiently stated in the opinion.
1Opinion of the CourtColeman, J.
-The facts of the case are as follows: In September, 1888, Matilda Campbell being the owner of an undivided one-sixth interest in certain real estate executed a mortgage to Joseph Espalla, Jr. This mortgage was not *138recorded until tbe 24th of August, 1889. After tbe execution .of tbe mortgage to Joseph Espalla, Jr., and before tbe registration, slie executed a second mortgage upon tbe same property to Lienkauff & Strauss. Tbe mortgagees of tbe second mortgage bad no notice of tbe prior mortgage given to Espalla. As between Espalla and Lienkauff & Strauss, tbe interest of tbe former was tbat of…
2Cited by9 opinions
- Wood v. BarnettSupreme Court of Alabama · 1922
- Childers v. LoudinWest Virginia Supreme Court · 1902
- Leader v. RomanoSupreme Court of Alabama · 1923
- Singleton v. United States F. & G. Co.Supreme Court of Alabama · 1915
- Woodruff v. StoughSupreme Court of Alabama · 1894
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