76 So. 950 | Ala. | 1917
Statutory ejectment by the appellant against the appellee.
The law's policy is to uphold a certificate of acknowledgment of a conveyance of real estate where from the certificate and the conveyance, of which the certificate is a part (Smith v. McGuire,
According to the apt authority afforded by Warrior River Coal Co. v. Ala. State Land Co.,
The effort of the plaintiff to adduce evidence to the effect (a) that he had paid the mortgage debt, interest, etc., before the bill in equity to foreclose it was filed, and (b) that the mortgage had been foreclosed by a sale under the power to that end before the bill in equity to foreclose it was filed and redemption of the land by the mortgagor (plaintiff) before the bill in equity to foreclose it was filed, was, in this action of ejectment, but an effort to collaterally impeach and annul the decree of the chancery court adjudicating, in the exercise of a completely attained and prevailing jurisdiction, that the mortgage debt was an outstanding liability, and its amount, and that the mortgage was a lien deserving foreclosure and foreclosing it under the practices of equity to that end. Johnson v. Johnson,
The deposition of J. R. Atkin not being in the bill of exceptions, this court cannot review the action of the trial court in denying its admission in evidence, on the defendant's objection.
The plaintiff showed no title whatever to the land. The evidence disclosed by the bill of exceptions affirmatively discloses that plaintiff had no right or title superior to that shown, through regular courses, to be in the defendant. There was therefore no error in giving the affirmative charge at the instance of and for the defendant.
The judgment is affirmed.
Affirmed.
ANDERSON, C. J., and SAYRE and GARDNER, JJ., concur.