Marx v. Threet
Supreme Court of Alabama
Appeal from tlie Circuit Court of Marengo. Tried before the Hon. John C. Anderson. This was an action of ejectment brought by the appellant against the appellee. Plaintiff claims title by deed under the power of ¡sale in a mortgage, executed on the 4th of October, 1886, to Newhouse Brothers by F. IT. Threet.
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Appeal from tlie Circuit Court of Marengo. Tried before the Hon. John C. Anderson. This was an action of ejectment brought by the appellant against the appellee. Plaintiff claims title by deed under the power of ¡sale in a mortgage, executed on the 4th of October, 1886, to Newhouse Brothers by F. IT. Threet. The defendant asserts and the evidence tends to show that the property sued for was a homestead when the mortgage ivas executed, and has. so continued to the commencement of this suit; that the dwelling house of F. IT. Threet, husband of appellee, occupied by himself and family, was…
1Opinion of the CourtTyson, J.
Plaifitiff claims to have derived title to the lots in controversy by purchase at a sale of them under the power of sale contained in a mortgage executed by their owner. These lots are designated in the mortgage and deed to plaintiff as lots 58 and 59 in the city of Demopolis. In the complaint they are described as lots 59 and 59. This variance is sufficient justification of the action of the court in excluding the deed and mortgage as muniments of title so far as lot 58 is, concerned.
However, independent of this variance, there is no doubt, under the evidence, that this lot constituted as…
2Cases cited9 opinions
- Tyler v. JewettSupreme Court of Alabama · 1886
- Turner v. TurnerSupreme Court of Alabama · 1894
- Watts v. GordonSupreme Court of Alabama · 1880
- Daniels v. LowerySupreme Court of Alabama · 1890
- Garrett v. JonesSupreme Court of Alabama · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Griffin v. AyersSupreme Court of Alabama · 1936
- Cade v. GraffoSupreme Court of Alabama · 1933
- Emrich v. Gilbert Manufacturing Co.Supreme Court of Alabama · 1903
- Burrow, Jones & Dyer Shoe Co. v. WallaceCourt of Appeals for the Fifth Circuit · 1920
- Moseley v. NevilleSupreme Court of Alabama · 1930