Hatcher v. Diggs
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. Jon a. Haralson. This action was brought by B. E. Higgs, against Thomas J. Hatcher and Julia E. Barnes, to recover the possession of a certain tract of land in Hallas county, containing about 340 acres, with damages for its detention ; and was commenced on the 26th September, 1883. The cause was tried before the court, without the intervention of a jury, on issues joined on the plea of not guilty, and a suggestion of…
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Appeal from the City Court of Selma. Tried before the Hon. Jon a. Haralson. This action was brought by B. E. Higgs, against Thomas J. Hatcher and Julia E. Barnes, to recover the possession of a certain tract of land in Hallas county, containing about 340 acres, with damages for its detention ; and was commenced on the 26th September, 1883. The cause was tried before the court, without the intervention of a jury, on issues joined on the plea of not guilty, and a suggestion of adverse possession for more than three years, and the erection of valuable improvements. The plaintiff claimed under a…
1Opinion of the CourtClopton, J.
— The right of the plaintiff to recover the land in controversy depends upon the validity of the mortgage, executed March 22d, 1878, by Mrs. Beach and her husband, to Woodruff & North. The mortgage was given to secure a promissory note made by her and her husband, and conveys the statutory separate estate of Mrs. Beach. The consideration of the note is not disclosed by the record ; hut, whether it is her own debt, or the debt of her husband, her power to make a valid mortgage rests upon the force and effect of the decree made by the chancellor, upon her petition, removing her disabilities of…
2Cases cited4 opinions
- Lehman v. RobinsonSupreme Court of Alabama · 1877
- Ashford v. WatkinsSupreme Court of Alabama · 1881
- Cohen v. Wollner, Hirschberg & Co.Supreme Court of Alabama · 1882
- Dreyfus v. WolffeSupreme Court of Alabama · 1880
3Cited by8 opinions
- Trott v. Brinks, Inc.Supreme Court of Alabama · 2007
- Walling v. Christian & Craft Grocery Co.Supreme Court of Florida · 1899
- Loeb v. McCulloughSupreme Court of Alabama · 1885
- Parker v. RoswaldSupreme Court of Alabama · 1885
- Bonds v. StateCourt of Criminal Appeals of Alabama · 2015
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