Davis v. Anderson
Supreme Court of Alabama
Appeal from Clark Circuit Court. Heard before Hon. John T. Lackland. Ejectment by Thomas W. Davis against Ollie Anderson and another. Judgment for defendants and plaintiff appeals. The mortgage offered in evidence by defendant John Kimbrough from Anderson and wife to himself should have been excluded because it shows that a. sale and transfer of same had been made to Kimbrough & Company.
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Appeal from Clark Circuit Court. Heard before Hon. John T. Lackland. Ejectment by Thomas W. Davis against Ollie Anderson and another. Judgment for defendants and plaintiff appeals. The mortgage offered in evidence by defendant John Kimbrough from Anderson and wife to himself should have been excluded because it shows that a. sale and transfer of same had been made to Kimbrough & Company. While an attempt to avoid the transfer was made by running a pen through it, this did not re-convey the title to Kimbrough. — Garter v. Smith, 131 Ala. 117. Next, the mortgage was executed subsequent to the…
1Opinion of the CourtSimpson, J.
This, is an action of statutory ejectment by the appellant against appellee. Both parties trace their title to the common source — Ollie Anderson. The plaintiff’s title ivas , through a mortgage from said Ollie Anderson and wife to N. B. Boyles, dated September 7, 1895, and a deed from said Boyles, the mortgagee, to plaintiff, dated January 10, 1906; and the defendants claimed under a mortgage by said Ollie Anderson and wife to John Kimbrough, dated May 6, 1904, and a deed (reciting a foreclosure) from said John Kimbrough to-Norman Gunn, dated December 28, 1905, and deed from Gunn to said…
2Cases cited4 opinions
- Baker v. BurdeshawSupreme Court of Alabama · 1902
- McKinnon v. LessleySupreme Court of Alabama · 1889
- Davis v. McWhorterSupreme Court of Alabama · 1898
- Robinson v. DriverSupreme Court of Alabama · 1902
3Cited by5 opinions
- Peterson v. StateSupreme Court of Alabama · 1933
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- Eaton v. StateAlabama Court of Appeals · 1913
- Butler v. HughesSupreme Court of Alabama · 1956
- Peterson v. StateSupreme Court of Alabama · 1933