Wyatt v. Garlington
Supreme Court of Alabama
Appeal from tbe Cbauoery Court of Tallapoosa. Heard before tbe Hon. B. B. McCraw. In tbis ease, two bills were filed on tbe 12th February, 1872, by ^Joseph E. Garlington, against E. M. Wyatt and others, asking the foreclosure of two separate mortgages given for tbe purchase-money of land; and a decree was rendered by tbe chancellor, in each case, for the complainant.
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Appeal from tbe Cbauoery Court of Tallapoosa. Heard before tbe Hon. B. B. McCraw. In tbis ease, two bills were filed on tbe 12th February, 1872, by ^Joseph E. Garlington, against E. M. Wyatt and others, asking the foreclosure of two separate mortgages given for tbe purchase-money of land; and a decree was rendered by tbe chancellor, in each case, for the complainant. The two cases grew out of the same transaction, and present substantially the same facts; and they were argued and submitted together. One of the mortgages was executed by Jonathan Murry, to said E. M. Wyatt; was dated the 10th…
1Opinion of the CourtStone, J.
Wyatt, the purchaser, has never been disturbed in the possession of the lands he bought from Garlington, so far as we are informed. There is neither averment nor proof that Garlington is not able to respond in damages, if he should not be able to make a good title. The cross bills do not seek a rescission. The proof strongly shows that Garlington has a good equitable title, with such length of independent, separate enjoyment, as to toll all adversary right of entry. The cross bills utterly fail to show any right in Wyatt to resist the relief sought by Garlington, that is based on an alleged…
2Cases cited1 opinion
- McLemore v. MabsonSupreme Court of Alabama · 1852
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