75 So. 24 | Ala. | 1917
The action is common-law ejectment. Appellee, plaintiff below, recovered, and appellants, defendants below, appeal.
Both parties claimed title, through a common source, W. H. Lee, the son of plaintiff, and the former husband of Dolly Love, one of the defendants, she having intermarried with Ed. L. Love since the death of her said former husband. The plaintiff’s rights to recover were based: First, upon a deed from the common source to him; second, upon a mortgage executed by the common source of title to the Bank of Ragland, and assigned to plaintiff; and, third, upon a mortgage to an Anniston bank by the same mortgagor and assigned to plaintiff. It is undisputed that the deed and mortgages correctly described the property sued for, and were properly executed, except as to the deed, which we will hereafter point out. It would be difficult to conceive how the trial should have resulted otherwise than in a verdict and judgment for plaintiff.
There were other exceptions to rulings on the evidence. These have been examined, and found to show neither error nor injury.
Affirmed.