Report of Cases Argued And Determined in the Supreme Court of Alabama volume 14
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 14
Alabama Supreme Court
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Harrington, 6 Johns. R. 290. In that case, the defendant claimed title by conveyance from the mortgagee as well as from the heir of the deceased husband. The husband died in possession without any entry or foreclosure by the mortgagee, and as the defendant derived and claimed title from the heir, and de- rived no title from the mortgagee, held he could not dispute the title of the ancestor. In Collins v. Torrey, 7 Johns. Rep. 277, which was an action of dower, undenihil habet, it was held, the ...tenant, who derived title by mesne conveyance from the husband of demandant, could not dispute his title, nor set up a mortgage made by the husband to a third party, as a subsisting title, there having been no entry or foreclosure under it. To the same effect is Hitchcock v. Carpenter, 9 Johns. Rep. 344, where the tenant claimed under the heirs of the husband. In Wooldridge v. Wilkins, 3 How (Miss. ) Rep. 360, the husband of demandant conveyed in fee, and 3 76 ALABAMA. Edmondson v. Montague. the defendants derived title through such conveyance.
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