State v. Conner
Supreme Court of Alabama
Appeal from ’Washington Circuit'Court. Tried before Hon. IT. T. Toulmin. This was a statutory real action in the nature of ejectment; was brought by the State, for the use of township eighteen, range three, west, against Mrs. Martha E. Conner, for the recovery of a quarter section of land situated in section sixteen of .said township and range, and was commenced on the 13th of September, 1880. The defendant pleaded (1) not guilty, and (2) “ in short by consent, that she has…
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Appeal from ’Washington Circuit'Court. Tried before Hon. IT. T. Toulmin. This was a statutory real action in the nature of ejectment; was brought by the State, for the use of township eighteen, range three, west, against Mrs. Martha E. Conner, for the recovery of a quarter section of land situated in section sixteen of .said township and range, and was commenced on the 13th of September, 1880. The defendant pleaded (1) not guilty, and (2) “ in short by consent, that she has been in the quiet, peaceable, and open, adverse possession of the land sued for, for more than ten years prior to the…
1Opinion of the CourtStone, J.
When a mortgagor, after the execution of the mortgage, makes sale of the mortgaged premises to a third person, who has notice, actual or constructive, of the prior mortgage, the presumption is that he sells only the interest remain*216ing in Mm, wMch is an equity of redemption. And, as the mortgagor does not hold adversely, but in subordination to the title of the mortgagee, the presumption is that the alienee of the mortgagor holds in the same right, and asserts no higher, or independent title. So, if such transaction be left to its own legal intendments, the presumption is that the alienee,…
2Cases cited10 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Coyle v. WilkinsSupreme Court of Alabama · 1876
- Boyd v. BeckSupreme Court of Alabama · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Kidd v. BrowneSupreme Court of Alabama · 1917
- Balch v. ArnoldWyoming Supreme Court · 1899
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Beard v. RyanSupreme Court of Alabama · 1884
19 more not listed; retrieve them via the Exa API.