Bell v. Leggett
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Hon. Hugi-i D. Merrill. Ejectment by Julia A. Bell and others against A. D. Leggett and others. Judgment for defendants and plaintiffs appeal.
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Appeal from Calhoun Circuit Court. Heard before Hon. Hugi-i D. Merrill. Ejectment by Julia A. Bell and others against A. D. Leggett and others. Judgment for defendants and plaintiffs appeal. There was a patent ambiguity in the description of the land in controversy in the foreclosure proceedings in the deed from the clerk to Hewitt, and from Hewitt to Greer, in such a sense as to render the foreclosure void and to make the last holder possessed as trustee of an unforeclosed mortgage, for the mortgagor and his heirs, and such possession cannot be adverse to the mortgagor and his heirs. —…
1Opinion of the CourtSaybe, J.
Action of statutory ejectment by appellants against appellees. Plaintiffs claimed as heirs at law of one Bell. Defendants claimed under a mortgage deed of trust from Bell to one Hughes, foreclosure by bill in equity with due process, and mesne conveyance from the purchaser. In the mortgage the land in controversy was described as follows: Beginning 80 rods west of the south of the southeast corner of section 7, township 16, range 9, in about one rod north of Oxford road in section 18, running north within 173 rods of north line of section 7; thence west 'within 49 rods of west line of said…
2Cases cited1 opinion
- Walsh v. HillCalifornia Supreme Court · 1869
3Cited by3 opinions
- Garrow v. ToxeySupreme Court of Alabama · 1914
- Lunsford v. MarxSupreme Court of Alabama · 1925
- Smith v. CollierSupreme Court of Alabama · 1922