Pope v. Brandon
Supreme Court of Alabama
This was an action of trespass to try titles, brought by T. & W. Brandon, C. C. Clay, J. W. McClung, and B.. Brandon, to recover possession of the lot and building formerly occupied as a banking house, by the Planter’s and Merchant’s Bank in Huntsville. The action was originally brought against S. Cruse, as tenant in possession, bub Leroy Pope claiming the title, he was admitted as defendant.
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This was an action of trespass to try titles, brought by T. & W. Brandon, C. C. Clay, J. W. McClung, and B.. Brandon, to recover possession of the lot and building formerly occupied as a banking house, by the Planter’s and Merchant’s Bank in Huntsville. The action was originally brought against S. Cruse, as tenant in possession, bub Leroy Pope claiming the title, he was admitted as defendant. The venue was changed to Morgan county, where the cause was tried at October term, 1828, when a verdict was found for the plaintiffs. The facts were as follows: At May term, 1826, in Madison Circuit…
1Opinion of the Court
By JUDGE COLLIER,
The record offers for our examination these topics:
1. The character of the deed from the President, Directors, & Co. to the plaintiff, and the sufficiency of its consideration. •
2. The lien created by a judgment upon real estate; its nature, how it operates, and when it begins.
3.- The legality of the Judge’s instructions to the jury.
I, The deed is a conveyance of all the property of the bank, for the payment of its debts, without preference or priority to its creditors. This being professedly the object of the deed, the Messrs Brandon’s, with regard to the property conveyed,…
2Cited by13 opinions
- Pyles v. Furniture Co.West Virginia Supreme Court · 1887
- Dargan v. WaringSupreme Court of Alabama · 1847
- Mansony v. United States BankSupreme Court of Alabama · 1843
- Reuben Town v. President of the Bank of River RaisinMichigan Supreme Court · 1847
- Lanier v. RussellSupreme Court of Alabama · 1883
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