105 Ala. 446 | Ala. | 1894
1. On the facts set up in this bill, the complainant occupied a position that entitled him to file it, to remove a cloud on his title.—Rea v. Longstreet, 54 Ala. 291; Lytle v. Sandefur, 93 Ala. 399; Torrent Fire Co. v. City of Mobile, 101 Ala. 559; Barclay v. Henderson, 44 Ala. 269.
2. His purchase from- Stephens was not void under the statute of frauds. He went into the immediate possession, and has been holding and claiming it ever since, making annual crops and erecting improvements on it. He executed and delivered his promissory note to his vendor, bearing date the 14th January, 1889, a few days after the purchase, for $400, the purchase price of the land, payable on the 25th December following, reciting that it was in consideration of the land, on which he
3. Kirk was in possession of the land, at and before the time of the execution of the mortgage by Stephens to Reynolds, the appellee. This was sufficient to put him on inquiry as to complainant’s title, and to charge him with notice of all the equities binding his vendor. Burt v. Cassety, 12 Ala. 734; Tutwiler v. Montgomery, 73 Ala. 264; Brunson v. Brooks, 68 Ala. 248; Bernstein v. Humes, 71 Ala. 261; Headley v. Bell, 84 Ala. 346; Price v. Bell, 91 Ala. 180.
4. It' it were necessary to decide, we would incline to the opinion, that the mistake, as it is averred in the bill, by which complainant’s land was included in defendant’s mortgage, was sustained by the evidence.
The facts as averred in the bill and sustained by the proof, we may add, without further discussion, entitled complainant to the decree rendered in his favor by the chancery court, and it is affirmed.
