Diefenbach v. Vaughan
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. Jambs W. Lapsley. This was a statutory action in the nature of an action of ejectment, brought by the appellant against the appellee to recover a lot in the city of Anniston ; and was instituted on February 3d, 1897. It was tried on the plea of the general issue.
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Appeal from the City Court of Anniston. Tried before the Hon. Jambs W. Lapsley. This was a statutory action in the nature of an action of ejectment, brought by the appellant against the appellee to recover a lot in the city of Anniston ; and was instituted on February 3d, 1897. It was tried on the plea of the general issue. The appellant introduced in evidence a mortgage by the defendant to the Covenant Building & Loan Association, dated February 4, 1891, to secure the payment of certain interest, premiums and instalments on stock, payable monthly. The mortgage contains a power of sale upon…
1Opinion of the CourtHead, J.
There is nothing in the act entitled, ‘-‘An act, to give force and effect to section 4 of Article XIV of the constitution of the State of Alabama” (Acts, 1886-87, p. 102), which changes the general rule that contracts prohibited by statute under a penalty, while not enforceable so long as they remain executory, (Youngblood v. Birmingham Trust Co., 95 Ala. 521; Hawley v. Bibb, 69 Ala. 52), are not assailable after they have become completely executed by the parties. This rule is one of general recognition in the law. It rests upon the well known principle that the law leaves parties who are in…
2Cases cited9 opinions
- American Freehold Land Mortgage Co. v. SewellSupreme Court of Alabama · 1890
- Hawley v. BibbSupreme Court of Alabama · 1881
- Sherwood v. AlvisSupreme Court of Alabama · 1887
- Youngblood v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1891
- Richardson v. StephensSupreme Court of Alabama · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ritter v. MoseleySupreme Court of Alabama · 1933
- Meadors v. JohnsonSupreme Court of Oklahoma · 1910
- Pappenburg v. StateAlabama Court of Appeals · 1914
- Continental Trust Co. v. Tallassee Falls Mfg. Co.District Court, M.D. Alabama · 1915
- Woods v. Allison Lumber Co.Supreme Court of Alabama · 1952