Baker v. Carraway
Supreme Court of Alabama
Appeal from the Chancery Court of Geneva. Heard before the Hon. William L. Parks. This was a statutory action of ejectment, brought by the appellee against the appellants, Joe Baker, Jr., and A. W. Deshazo.
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Appeal from the Chancery Court of Geneva. Heard before the Hon. William L. Parks. This was a statutory action of ejectment, brought by the appellee against the appellants, Joe Baker, Jr., and A. W. Deshazo. On the trial of the cause, it was shown that the plaintiff executed the mortgage to the defendant Joe Baker, Jr., intending to include therein the property involved in the present suit; that upon default being made in the payment of the mortgage debt, said Joe Baker, Jr., filed a bill in the charcery court of Geneva county, seeking to have the mortgage reformed, so as to include the lands…
1Opinion of the CourtTyson, J.
In January, 1901, the plaintiff being in possession of the land here sought to be recovered, was turned out of possession by a receiver under and by virtue of the authority of the decree appointing him, and the defendant Deshazo went into possession of it as the tenant of the receiver. This action was brought on the 23d day of February following. The decree of the chancellor appointing the receiver directed him to take possession of this land and to rent it. This decree was rendered in a cause seeking the subjection of this land to a mortgage lien, of which the court is shown to have and…
2Cases cited4 opinions
- Southern Granite Co. v. WadsworthSupreme Court of Alabama · 1896
- Fort Wayne, Muncie & Cincinnati Railroad v. MellettIndiana Supreme Court · 1884
- Kyle v. SwemSupreme Court of Alabama · 1892
- Turrentine v. BlackwoodSupreme Court of Alabama · 1899
3Cited by3 opinions
- Moody v. State Ex Rel. PayneSupreme Court of Alabama · 1976
- Ex Parte DavisSupreme Court of Alabama · 1935
- Callaway v. Security Loan CorporationSupreme Court of Alabama · 1947