Collins v. Doe ex dem. Robinson
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. S. D. Hale. This action was brought by Cornelius Eobinson, against Eobert C. Collins, to recover several city lots in Montgomery, and was commenced on the 9th January, 1854. The defendant entered a disclaimer as to all the lots mentioned in the declaration, “ except the south one-third of lot No. 2 and the north one-third of lot No. 3,” as to which he confessed lease, entry and ouster; and the cause was…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. S. D. Hale. This action was brought by Cornelius Eobinson, against Eobert C. Collins, to recover several city lots in Montgomery, and was commenced on the 9th January, 1854. The defendant entered a disclaimer as to all the lots mentioned in the declaration, “ except the south one-third of lot No. 2 and the north one-third of lot No. 3,” as to which he confessed lease, entry and ouster; and the cause was tried, on issue joined, at the spring term of said circuit court, 1857. On the trial, as appears from the bill of exceptions,…
1Opinion of the CourtStone, J.
—It is contended for appellant, that the claim of appellee is only that of mortgagee, and that a recovery in ejectment cannot be had on such title, after the payment of the debt to secure which the mortgage was given. As bearing on this legal proposition, we cite the following authorities: 2 Greenlf. Ev. § 330; Burton v. Austin, 4 Ver. 105; Paxon’s Lessee v. Paul, 3 Harris & McH. 399; Peltz v. Clarke, 5 Peters, 491.
We deem it unnecessary to decide the legal question stated above, for the following reasons:]. The claim of appellee is not that of simple mortgagee. True, he conveyed the lands in…
2Cases cited4 opinions
- Johnson v. ToulminSupreme Court of Alabama · 1850
- Peyton v. StithSupreme Court of the United States · 1831
- Elmore v. HarrisSupreme Court of Alabama · 1848
- Cawsey v. DriverSupreme Court of Alabama · 1848
3Cited by8 opinions
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Childress v. MonetteSupreme Court of Alabama · 1875
- Frank v. PickensSupreme Court of Alabama · 1881
- Doe ex dem. Hudgens v. JacksonSupreme Court of Alabama · 1874
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