Sanders v. Cassady & Blackwell
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before tbe Hon. J. A. Corbitt, as special judge, selected by tbe parties on account of tbe incompetency of tbe presiding judge.
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Appeal from the Circuit Court of Henry. Tried before tbe Hon. J. A. Corbitt, as special judge, selected by tbe parties on account of tbe incompetency of tbe presiding judge. Tbis action was brought by tbe appellees, suing as partners, to recover tbe possession of a tract of land, particularly described in tbe complaint; and was commenced on tbe 18tb July, 1887. G. W. Sanders and J. L. Williams, late partners in trade under tbe name of G. W. Sanders & Co., intervened as landlords of tbe defendants in possession, and defended tbe suit. Eacb of tbe parties claimed tbe land under a mortgage…
1Opinion of the CourtSomerville, J.
To sustain a recovery in this case, which is an action of ejectment under the statute, the plaintiffs were required to show in themselves a legal title' to the lands in controversy.
This they attempted to do in two ways: (1.) As assignees of a mortgage on the lands, -which had been executed by J. C. and W. A. Bryan, on October 12, 1885, to the assignors, G. W. Sanders & Co., who were the mortgagees in the instrument; and (2) as purchasers under a sale of the mortgage premises made by themselves under the power, which passed to them as part of the security, with the assignment of the mortgage,
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2Cases cited6 opinions
- Taylor v. Agricultural & Mechanical Ass'nSupreme Court of Alabama · 1880
- Munn v. BurgesIllinois Supreme Court · 1873
- Graham v. NewmanSupreme Court of Alabama · 1852
- Jones v. MorrisSupreme Court of Alabama · 1878
- Buell v. UnderwoodSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jackson v. TribbleSupreme Court of Alabama · 1908
- Langley v. AndrewsSupreme Court of Alabama · 1902
- Smith v. RhodesSupreme Court of Alabama · 1921
- Union Bank & Trust Co. v. RoyallSupreme Court of Alabama · 1933
- Ritter v. MoseleySupreme Court of Alabama · 1933
11 more not listed; retrieve them via the Exa API.