McNeil v. Davis & Son
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. John T. Davis & Son, appellees, brought a statutory action of ejectment against the appellants, Pauline McNeil and her husband, Daniel McNeil, to recover certain property described in the complaint.
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Appeal from the Circuit Court of Henry. Tried before the Hon. Jesse M. Carmichael. John T. Davis & Son, appellees, brought a statutory action of ejectment against the appellants, Pauline McNeil and her husband, Daniel McNeil, to recover certain property described in the complaint. The defendants pleaded the general issue, and, by two special pleas that at the time of the execution of the mortgage, under which the plaintiffs claim the title to the land sued for, Mrs. Pauline McNeil, one of the defendants, was the wife of Daniel McNeil, and that the property conveyed in the mortgage was her…
1Opinion of the CourtColeman, J.
The appellees brought the statutory action of ejectment against Pauline McNeil, to recover a certain lot or parcel of land, which was claimed as her separate estate. The plaintiffs’ title was that of a transferee of a mortgage of the property sued for, executed by Pauline McNeil and her husband to one Purcell, the title to which, by proper conveyance, was transferred by Purcell to plaintiffs. The defendants pleaded the general issue and two other special pleas, and the case was tried upon issue joined. The errors assigned are based upon the instructions given for plaintiff and the refusal of…
2Cited by9 opinions
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- Richardson v. StephensSupreme Court of Alabama · 1896
- Henderson v. BrunsonSupreme Court of Alabama · 1904
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