Smith v. Roney
Supreme Court of Alabama
Appeal from. Macon Circuit Court. Heard before Hou. S. L. Brewer. Ejectment by Mrs. M. L. Smith against Mrs. M. L. Roney. Judgment for defendant and plaintiff appeals.
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Appeal from. Macon Circuit Court. Heard before Hou. S. L. Brewer. Ejectment by Mrs. M. L. Smith against Mrs. M. L. Roney. Judgment for defendant and plaintiff appeals. The ground of objection that the mortgage ivas the debt of the husband is a valid objection at law rendering the mortgage absolutely void upon proof of that fact. — Price v. Cooper, 26 South. 238; Richardson v. Stevens, 122 Ala. 301. The court therefore erred in overruling demurrers to the pleas setting up res adjudicata. Jurisdiction is not conferred by consent, and tvant of it is a matter which may always be set upl against a…
1Opinion of the Court
de GRAFFENRIED, J.
This was an action of statutory ejectment and was brought by the plaintiff, Mattie L. Smith, against the defendant, M. L. Roney, for the recovery of certain lands in Macon county. There was a judgment for the defendant, and.the plaintiff appeals.
1. It appears that on August 2, 1898, the said Mattie L. Smith, who is the wife of Lorenzo D. Smith, executed and delivered unto the British & American Mortgage Company, Limited, a mortgage on the lands described in the complaint in this case, to secure, according to the recitals of the mortgage, the payment of an indebtedness of…
2Cases cited4 opinions
- Shannon v. LongSupreme Court of Alabama · 1912
- Parker v. Boutwell & SonSupreme Court of Alabama · 1898
- Fittichauer v. Metropolitan Fire Proofing Co.New Jersey Court of Chancery · 1905
- Penny v. British & American Mortgage Co.Supreme Court of Alabama · 1901
3Cited by14 opinions
- Alabama Great Southern Railway Co. v. GodfreySupreme Court of Alabama · 1908
- Davidson v. BrownSupreme Court of Alabama · 1926
- Morton v. ClarkAlabama Court of Appeals · 1914
- Newman v. BordenSupreme Court of Alabama · 1940
- Sherrill v. Federal Land Bank of New Orleans, La.Supreme Court of Alabama · 1943
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