Downing v. Blair
Supreme Court of Alabama
Appjeal from Etowah Circuit Court. Tried before R. A. D. Dunlap, Esquire, Special .Judge. This was a statutory real action in the nature of ejectment, by P. E. Blair, suing by her next friend, Levi C. Blair, against Archibold Downing; and was commenced on 23d November, 1880. The defendant pleaded not guilty, and also a special plea, averring, in 'substance, that in January, 1873, he purchased the lands sued for from Levi C. Blair, the plaintiff’s husband, executing his…
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Appjeal from Etowah Circuit Court. Tried before R. A. D. Dunlap, Esquire, Special .Judge. This was a statutory real action in the nature of ejectment, by P. E. Blair, suing by her next friend, Levi C. Blair, against Archibold Downing; and was commenced on 23d November, 1880. The defendant pleaded not guilty, and also a special plea, averring, in 'substance, that in January, 1873, he purchased the lands sued for from Levi C. Blair, the plaintiff’s husband, executing his promissory note for part of the purchase-money, receiving a deed to the lands, executed by the said Blair and wife, and…
1Opinion of the CourtSomerville, J.
The title of the plaintiff, Mrs. Blair, to the lands sued for would seem very clearly to be prima facie good, unless vitiated by some one of the several defenses set *219up, which we will proceed to consider. Her chain of title is as follows : (1) A deed from Levi 0. Blair to the defendant, Downing, executed in 1873 ; (2) a mortgage by Downing and wife to one Francis, in 1875.; (3) a conveyance by Francis of his legal title, as mortgagee, to the plaintiff, in 1880.
It is claimed, in the first place, that a superior title was acquired by Neely at the register’s sale, in February, 1878, and -was…
2Cases cited6 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Welsh v. PhillipsSupreme Court of Alabama · 1875
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Moog v. StrangSupreme Court of Alabama · 1881
- Pepper & Co. v. GeorgeSupreme Court of Alabama · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Edinburgh American Land Mortgage Co. v. PeoplesSupreme Court of Alabama · 1893
- Shelton v. Aultman & Taylor Co.Supreme Court of Alabama · 1886
- Springfield Engine & Thresher Co. v. DonovanSupreme Court of Missouri · 1899
- Carrington v. RichardsonSupreme Court of Alabama · 1885
4 more not listed; retrieve them via the Exa API.