Legal Opinion

Glidden v. Doe ex dem. Andrews

Supreme Court of Alabama

Decided June 15, 1846PublishedCited by 11 opinions

Error to the Circuit Court of Mobile. Ejectment, for the recovery of a lot of land in the city of Mobile. The plaintiff counts on the several demises of Solomon Andrews, E. L. Andrews, Joseph J. Andrews, and Andrews & Brothers, consisting of the two first named and Z. Andrews.

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Error to the Circuit Court of Mobile. Ejectment, for the recovery of a lot of land in the city of Mobile. The plaintiff counts on the several demises of Solomon Andrews, E. L. Andrews, Joseph J. Andrews, and Andrews & Brothers, consisting of the two first named and Z. Andrews. Gliddon was permitted to defend under the usual terms, and the the titles exhibited before the jury were severally these: The plaintiff proved that one Meslier was possessed of the lot on the 20th March, 1835, and then mortgaged it with other lots, by deed of that date to Solomon Andrews, to secure the payment of…

1Opinion of the CourtGoldthwaite, J.

-1. All the points made by the defendant, rest on the supposed irregularity or invalidity of the decree, in the mortgage suit of Andrews & Brothers, growing out of the fact that the defendant is no party to that suit, nor in privity with any of the defendants. But conceding the invalidity, or even the nullity of that decree, in our judgment the consequences do not follow, for which the defend*170ants counsel.contends. The question as to the effect of a decree of foreclosure on persons in interest not made parties, was before this court in Duval’s Heirs v. McLoskey, 1 Ala. Rep. 708. There the…

2Cases cited3 opinions

  1. Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
  2. Watson & Polhemus v. SpenceNew York Supreme Court · 1838
  3. People v. BradtNew York Supreme Court · 1811

3Cited by11 opinions

  1. Prout v. HogeSupreme Court of Alabama · 1876
  2. Hunt v. AcreSupreme Court of Alabama · 1856
  3. Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
  4. Thompson v. CampbellSupreme Court of Alabama · 1876
  5. Etowah Mining Co. v. Doe ex dem. CarlisleSupreme Court of Alabama · 1900

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