Spencer v. Hurd
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Suit in equity by Mrs. F. W, Hurd against Octavius Spencer. From a decree for com.;plainant, defendant appeals. Bill filed by appellee, Mrs. F. W. Hurd, against appellant, Octavius Spencer, to quiet title to certain property described in the bill.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Suit in equity by Mrs. F. W, Hurd against Octavius Spencer. From a decree for com.;plainant, defendant appeals. Bill filed by appellee, Mrs. F. W. Hurd, against appellant, Octavius Spencer, to quiet title to certain property described in the bill. The answer discloses that the (respondent claimed title ta the property through a mortgage executed by the complainant, Mrs. F. W. Hurá, and her husband, W. G. 1-Iurd, to C. H. Spencer, father of respondent. The mortgage was given as security for the recited sum of $1,525, was…
1Opinion of the CourtGardner, J.
The evidence is without dispute that complainant, the owner of the property here in controversy, has been in the actual, peaceable, and continuous adverse possession of said property since the year 1890, residing thereon as her home. She acknowledges the execution of the mortgage iii question — so she states — only because of the fact that she recognizes her signature, but that she does, not remember the occasion of the execution of the mortgage, or what it was for; that since she has been on the property neither the mortgagee, his wife, or any one, in fact, has said anything to her in regard…
2Cases cited12 opinions
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1912
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Gayle v. PenningtonSupreme Court of Alabama · 1914
- Greenlees v. GreenleesSupreme Court of Alabama · 1878
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3Cited by15 opinions
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