Smith's Heirs v. Branch Bank at Mobile
Supreme Court of Alabama
Appeal to tbe Circuit Court of Mobile. Tried before the Hon L. GtbbONS. EjectmeNT by the Bank against the plaintiffs in the appeal, who are the heirs at law of Charles Smith, deceased, to recover a lot of ground situate in the city of Mobile, and particularly described in the pleadings. There was a judgment in the court below for the Bank, and appeal by the defendants to this court.
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Appeal to tbe Circuit Court of Mobile. Tried before the Hon L. GtbbONS. EjectmeNT by the Bank against the plaintiffs in the appeal, who are the heirs at law of Charles Smith, deceased, to recover a lot of ground situate in the city of Mobile, and particularly described in the pleadings. There was a judgment in the court below for the Bank, and appeal by the defendants to this court. The points for revision are presented by a bill of exceptions, and arise out of the following facts. The plaintiff proved title to the premises as follows: 1st. A conveyance from Charles Smith, the defendants’…
1Opinion of the CourtChilton, J.
— In order to disembarrass this case from the confusion in which so many mesne conveyances involve it, we may consider Smith, the defendant, as the vendor to Dubose and Kibbe, and as holding their mortgage to secure the purchase money. We may then, without changing the legal effect of the facts, lay out of view the sale to Meggison by D. and K., and the foreclosure of the mortgage taken by them; since the land was purchased by their agent, J. C. Dubose, who was the mere conduit for convenience sake of the interest of Dubose and Kibbe to the Bank.
It is too clear to admit of doubt, that an…
2Cases cited5 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Steele v. KinkleSupreme Court of Alabama · 1842
- Walker v. Miller & Co.Supreme Court of Alabama · 1847
- Smith & Co. v. ZurcherSupreme Court of Alabama · 1846
3Cited by18 opinions
- Johnson v. WilliamsSupreme Court of Kansas · 1887
- Boyd v. BeckSupreme Court of Alabama · 1857
- Pollak v. SearcySupreme Court of Alabama · 1887
- Watson v. PhelpsSupreme Court of Iowa · 1875
- Stiles & Co. v. LightfootSupreme Court of Alabama · 1855
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