Morris v. Mouchette

GARDNER, Chief Justice.

Statutory action of ejectment by appellant against appellee in December 1938, for the recovery of lands situated, in Fayette County, Alabama. Both parties claim title through a common source, J. M. Kimbrell.

Plaintiff’s claim is rested upon a register’s deed executed pursuant to .a foreclosure decree of a mortgage of said Kimbrell to plaintiff embracing the lands here involved.

Defendant claims title by virtue of a tax deed from the probate court executed in November, 1934 to Theron Cannon and a deed from Cannon to him and possession thereunder. It does not appear to be…