Trannon v. Towles
| Decision Date | 19 April 1917 |
| Docket Number | 6 Div. 527 |
| Parties | TRANNON v. TOWLES. |
| Court | Alabama Supreme Court |
Rehearing Denied May 24, 1917
Appeal from Circuit Court, Cullman County; R.C. Brickell, Judge.
Suit by Sarah Trannon against A.G. Towles. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. Affirmed.
J.P. Lockwood, of Cullman, for appellant.
A.A. Griffith, of Cullman, for appellee.
This is an action for damages for trespass upon realty. Originally the appellant (plaintiff) instituted the suit against A.G. Towles and Milton Stokes. Subsequently the plaintiff amended her complaint, striking out Stokes as a party defendant.
The court gave the general affirmative charge for the defendant. That is the single question presented for review.
If it should be assumed (for the occasion only) that the defendant authorized or directed the persons to whom he rented the lands to enter and to do what these persons did on the land, still the plaintiff did not make out a prima facie case against the defendant, since, according to the plaintiff's own testimony, she had executed to the defendant a mortgage on the place. At law the mortgagee acquired the legal title to the premises described, and, unless expressly or by implication stipulated to the contrary, the mortgagee is entitled to the immediate possession, the immediate right of entry, even as against the mortgagor. Fields v. Clayton, 117 Ala. 538, 542, 23 So. 530, 67 Am.St.Rep. 189; Welsh v. Phillips, 54 Ala. 309, 314, 25 Am.Rep. 679.
The plaintiff's evidence did not disclose any reservation in the mortgagor of the right to the possession until the law day of the mortgage, or that the law day of the mortgage had not arrived at the time of the alleged entry upon the land. Under such circumstances the mortgagor cannot maintain trespass against the mortgagee ; the mortgagee's entry not being shown to be wrongful.
The charge given for the defendant was justified by the evidence before the court. The judgment is due to be affirmed.
Affirmed.
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In re Sharpe
...in it (or by separate instrument) that the possession shall remain in the mortgagor. Woodward v. Parsons, 59 Ala. 625; Trannon v. Towles, 200 Ala. 82, 75 So. 458; Cowart v. Aaron, 220 Ala. 35, 123 So. 229; Wilson v. Federal Land Bank, 230 Ala. 75, 159 So. 493; Mallory v. Agee, 226 Ala. 596,......
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Moorer v. Tensaw Land & Timber Co.
...in it (or by separate instrument) that the possession shall remain in the mortgagor. Woodward v. Parsons, 59 Ala. 625; Trannon v. Towles, 200 Ala. 82, 75 So. 458; Cowart v. Aaron, 220 Ala. 35, 123 So. Wilson v. Federal Land Bank, 230 Ala. 75, 159 So. 493; Mallory v. Agee, 226 Ala. 596, 147 ......
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Jordan v. Sumners, 5 Div. 56.
... ... entitled to possession of the real estate unless it is ... stipulated to the contrary in the mortgage. Trannon v ... Towles, 200 Ala. 82, 75 So. 458. And the general ... authorities are collected to the text that possession of a ... mortgagor after ... ...
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Federal Land Bank of New Orleans v. Southmont Mfg. Co.
... ... mortgagor's right to commit waste as it affected the ... security for debt to the mortgagee. In Trannon v ... Towles, 200 Ala. 82, 75 So. 458, the mortgagor did not ... stipulate to retain the possession and enjoyment of the usual ... rights of an ... ...