Davis v. Taylor-Lowenstein & Co.
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Foreclosure proceedings by Taylor, Lowenstein & Co., against Lula M. Davis and others. Decree for complain- ants, and respondents appeal. Bailey procured a lease for turpentine purposes on ■certain lands from A. W. Slaughter, another from J. H. Hunt, and. the third from Lula M. Davis and her husband. He mortgaged this leasehold interest, along with other -things, to appellee to secure an indebtedness.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Foreclosure proceedings by Taylor, Lowenstein & Co., against Lula M. Davis and others. Decree for complain- ants, and respondents appeal. Bailey procured a lease for turpentine purposes on ■certain lands from A. W. Slaughter, another from J. H. Hunt, and. the third from Lula M. Davis and her husband. He mortgaged this leasehold interest, along with other -things, to appellee to secure an indebtedness. The terms of the Davis lease are sufficiently set forth in the opinion of the court. The Davis lease was brought by Mrs.…
1Opinion of the CourtAndebson, J.
The lease recites that the consideration therein expressed was paidj and' the complainants had the right to deal with Edmund Bailey, as per the *230recitals of tlie lease presented to them, and were not bound by any oral agreements made between the parties thereto, and of which they had no notice. Indeed, counsel for appellants in effect concedes that complainants are innocent purchasers, provided the lease was not invalidated by a failure to commence boxing the trees during the month of January, 1907. The lease, after de,scribing and conveying the premises, says: “To be used, operated, and…
2Cases cited2 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Craddock v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1889
3Cited by9 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Florida Ass'n v. StevensSupreme Court of Florida · 1911
- Wunsch v. DonnellyMassachusetts Supreme Judicial Court · 1939
- Cade v. WalkerSupreme Court of Alabama · 1926
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