Lester v. Walker
Supreme Court of Alabama
Ejectment. Appeal from Birmingham City Court. Heard before,Hon. C. C. Nesmith. Statutory ejectment by Willis A. Lester against J. W„ Walker. Judgment for defendant, and plaintiff appeals. Tbe plaintiff relied upon deeds • executed to him by John H. Williams as to certain lots, and by W. C. Terry as to others, and upon the payment of the purchase money, together with deeds conveying the property to his grantor.
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Ejectment. Appeal from Birmingham City Court. Heard before,Hon. C. C. Nesmith. Statutory ejectment by Willis A. Lester against J. W„ Walker. Judgment for defendant, and plaintiff appeals. Tbe plaintiff relied upon deeds • executed to him by John H. Williams as to certain lots, and by W. C. Terry as to others, and upon the payment of the purchase money, together with deeds conveying the property to his grantor. Walker claimed under a mortgage made by J. H. and Alice Williams to W. H. Osborn and a transfer of said mortgage from Osborn to Walker, which transfer is as follows: “November 6, 1906.…
1Opinion of the Court
McCLELLAN, j.
In the absence of misrepresentation, fraud, or deceit, tbe execution of an instrument by one who can read and write is binding upon him, even though be did not read it, or was ignorant of its contents .-Bank of Guntersville v. Webb & Butler, 108 Ala. 132, 19 South. 14.
An assignment and transfer of evidence of debt, so as to entitle tbe assignee or transferee to tbe “money thus secured,” effects to clothe tbe assignee or transferee with tbe mortgagee’s power of sale, created by tbe mortgage, notwithstanding tbe terms of tbe written assignment or transfer are inefficient to carry…
2Cases cited7 opinions
- Ward v. WardSupreme Court of Alabama · 1895
- Langley v. AndrewsSupreme Court of Alabama · 1902
- Bank of Guntersville v. WebbSupreme Court of Alabama · 1895
- King v. PaulkSupreme Court of Alabama · 1887
- Martinez v. LindseySupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- N&d Fashions, Inc., a Minnesota Corporation and Nelly Don, Inc., a Missouri Corporation v. Dhj Industries, Inc., a New York CorporationCourt of Appeals for the Eighth Circuit · 1977
- Betts v. WardSupreme Court of Alabama · 1916
- Eley v. Brunner-Lay Southern Corporation, Inc.Supreme Court of Alabama · 1972
- In Re Cajun Electric Power Cooperative, Inc., Cajun Electric Power Cooperative, Inc. v. Riley Stoker CorporationCourt of Appeals for the Fifth Circuit · 1986
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
3 more not listed; retrieve them via the Exa API.