Barker v. Bell
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before, the Hon. Nat. Cook. This action. was. brought by Mrs. Matilda Bell, against William N. Boothe, tenant in possession, to recover the possession of two town-lots in Cahaba, with damages for their detention ; and Stephen B. Barker, the landlord of Boothe, was made a party on his own motion.
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Appeal from the Circuit Court of Dallas. Tried before, the Hon. Nat. Cook. This action. was. brought by Mrs. Matilda Bell, against William N. Boothe, tenant in possession, to recover the possession of two town-lots in Cahaba, with damages for their detention ; and Stephen B. Barker, the landlord of Boothe, was made a party on his own motion. The plaintiff claimed the lots under a purchase at a sale made by John S. Mayes, as the administrator of John R. Bell, deceased, under a mortgage executed to said Bell by oue Jeremiah Duckworth while the defendant asserted title under a purchase at…
1Opinion of the CourtR. W. Walker, J.
In the absence of actual notice,. an unrecorded mortgage is void, as against a purchaser at a sale under- execution against the mortgagor. — Code, §§ 1287-8.-. The bill of. exceptions purports to-set out all the evidence ; but it fails to show'either the registration of • the mortgage, or actual notice to the defendant of. its exis- ■ tence. As the plaintiff was not entitled to recover, unless the mortgage was duly recorded, or the defendant had notice of its existence, the court erred in charging the juryv, that, if they believed the evidence, they must find for the plaintiff.
[2.] It is…
2Cases cited13 opinions
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3Cited by15 opinions
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