Narrell v. J. R. Phillips Mercantile Co.
Supreme Court of Alabama
Appeal from Franklin Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. J. Narrell against the J. R. Phillips Mercantile Company to enjoin an action of ejectment, and to redeem in his own right as mortgagor. Decree for respondent and complainant appeals. The wife’s signature was not sufficiently attested. — Sec. 4161, Code 1907. A justice of the peace has no jurisdiction outside of his own county. — Am. Mfg. Go. v. King, 105 Ala. 358; N. E. Mfg.
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Appeal from Franklin Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. J. Narrell against the J. R. Phillips Mercantile Company to enjoin an action of ejectment, and to redeem in his own right as mortgagor. Decree for respondent and complainant appeals. The wife’s signature was not sufficiently attested. — Sec. 4161, Code 1907. A justice of the peace has no jurisdiction outside of his own county. — Am. Mfg. Go. v. King, 105 Ala. 358; N. E. Mfg. Go. v. Payne, 107 Ala. 578. Foreclosure of mortgage under power therein contained must be strictly performed. — Wood v. Lake, 62 Ala. 289;…
1Opinion of the CourtSayre, J.
Narrell filed tbe bill in this case to enjoin an action of ejectment that tbe Phillips Company bad brought against him and to rédeem in bis right as mortgagor. Defendant company claimed title to tbe land in suit through a foreclosure of sundry mortgages made by complainant, one of which, tbe youngest of tbe series, bad been made to it directly; tbe others it bad acquired by purchase and assignment from prior mortgagees. Tbe equity of tbe bill was rested in part upon the averment that tbe mortgage to tbe defendant and one of tbe others bad never in fact been executed for5 that, at tbe time…
2Cases cited2 opinions
- American Freehold Land Mortgage Co. of London v. TurnerSupreme Court of Alabama · 1891
- Grigg v. BanksSupreme Court of Alabama · 1877
3Cited by6 opinions
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Ensley Mortgage & Realty Co. v. LewisSupreme Court of Alabama · 1915
- Dorty v. SolesSupreme Court of Alabama · 1946
- Alsup v. Southern Mfg. Co.Supreme Court of Alabama · 1943
- Ensley Mortgage & Realty Co. v. LewisSupreme Court of Alabama · 1915
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