Long v. Mostyn
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John E. Henry. This action was brought by Benjamin L. Long, against Charles Mostyn and Mrs. Anna Mostyn, to recover the possession of a tract of land containing forty acres, particularly described on the complaint, together with damages for its detention ; and was commenced on the 2d November, 1876. Charles Mostyn denied his possession, and entered a disclaimer ; and Mrs. Anna Mostyn ple'aded “ the general issue,…
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Appeal from the Circuit Court of Butler. Tried before the Hon. John E. Henry. This action was brought by Benjamin L. Long, against Charles Mostyn and Mrs. Anna Mostyn, to recover the possession of a tract of land containing forty acres, particularly described on the complaint, together with damages for its detention ; and was commenced on the 2d November, 1876. Charles Mostyn denied his possession, and entered a disclaimer ; and Mrs. Anna Mostyn ple'aded “ the general issue, in short by consent, with leave to give in evidence any special matter of defense,” and a trial was had on issue joined…
1Opinion of the CourtSomeryille, J.
— -The validity of the mortgage introduced in evidence by the plaintiff, for the purpose of establishing his title to the premises sued for, is the only question raised in this case by the rulings of the Circuit Court. This instrument embraces the homestead of the mortgagor, upon which he resided, with his family, at the date of its execution, and also at the time of his death. The wife’s name does not appear in the body of the conveyance, as one of the grantors, but only in the concluding clause, which is as follows : “ In witness whereof, we, Thomas W. Mostyn (and my wife, Sarah A. Mostyn,…
2Cases cited2 opinions
- Dooley v. VillalongaSupreme Court of Alabama · 1878
- Harrison v. SimonsSupreme Court of Alabama · 1876
3Cited by6 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Vancleave v. WilsonSupreme Court of Alabama · 1882
- Penny v. British & American Mortgage Co.Supreme Court of Alabama · 1901
- Thompson v. SheppardSupreme Court of Alabama · 1888
- Phillips v. SmithSupreme Court of Alabama · 1926
1 more not listed; retrieve them via the Exa API.