General
ALABAMA & Others v. MONTAGUE & Another
117 U.S. 61129 L. Ed. 1003·Supreme Court of the United States·1886
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Opinion
ALABAMA & Others v. MONTAGUE & Another.
ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE EASTERN DISTRICT OE TENNESSEE.
Submitted March 31, 1886.
Decided April 12, 1886.
This case involves tbe same questions as the case just decided, Alabama v. Montague, ante 602, and on the authority of that case the judgment below is affirmed.
Ejectment. Judgment below for defendants. Plaintiffs below sued out this writ of error.
■ Mr. Samuel F; Rice for plaintiffs in error.
Mr. Xenophon Wheeler for defendants in error.
[MAJORITY — Me. Justice Millee]
Me. Justice Millee
delivered the opinion of the court.
This was an action of ejectment tried by a jury in the same court which decided the preceding case, in which the plaintiffs in error based their right to recover on the same mortgage which the^ sought to foreclose in that suit.’ The court instructed the juiy against- them on the ground that they had no legal title.'
As the foregoing opinion decides that they had no title át all, legal or equitable,- the judgment of the court below must be
Affirmed.