Johnson v. Gartman
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Paul Gartman and others, against Anna E. Johnson, to declare a deed void, and to sell lands for division. Judgment for complainant and respondents appeal.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Paul Gartman and others, against Anna E. Johnson, to declare a deed void, and to sell lands for division. Judgment for complainant and respondents appeal. Appellant was bona fide purchaser for value without notice of the claim of the heirs of Gartman and entitled to protection as such. — Center v. P. & N. Bank, 22 Ala. 743; Crosky v. Smith, 126 Ala. 120; Fley v. Pace, 139 Ala. 293; Nolan v. Farrow, 154 Ala. 269. Appellees have been guilty of laches. — Center: v. Bank, supra; First Nat. Bank v. Nelson, 106 Ala. 535;…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellees for a sale of lands for division, and also to cancel a deed made to the ancestor of appellant. The lands in question, being certain lots in Citronelle, were originally the property of one Loper. About 1888 the possession of said property passed from Loper to George *295W. Gartman, and was occupied by him as his homestead. In 1895 said Gartman removed to other lands in the country, on which he lived until his death in 1896; but his wife, Susannah J. Gartman, refused to go to the country, and continued to occupy said homestead, and after his death…
2Cases cited17 opinions
- Wyman v. CampbellSupreme Court of Alabama · 1838
- Stein v. McGrathSupreme Court of Alabama · 1900
- First National Bank v. NelsonSupreme Court of Alabama · 1894
- Lyons v. HamnerSupreme Court of Alabama · 1887
- Hillens v. BrinsfieldSupreme Court of Alabama · 1895
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3Cited by3 opinions
- Thompson v. JohnsonSupreme Court of Alabama · 1918
- Chapman v. YorkSupreme Court of Alabama · 1925
- Adams v. Mathieson Alabama Chemical CorporationSupreme Court of Alabama · 1954