Sheldon v. Carter
Supreme Court of Alabama
Appeal from the Chancery- Court of Jefferson. Heard before the 'Hon. Thomas Cobbs. The bill in this case was filed on the 9th April, 1889, by-Gilbert Carter, against Mrs. Esther Sheldon and her husband, John Y. Sheldon; and sought the foreclosure of a mortgage, which was signed by the defendants, attested by one witness, duly proved and recorded, and in these words: “ Know all men by these presents, that for and in consideration of a certain deed of land given, and my…
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Appeal from the Chancery- Court of Jefferson. Heard before the 'Hon. Thomas Cobbs. The bill in this case was filed on the 9th April, 1889, by-Gilbert Carter, against Mrs. Esther Sheldon and her husband, John Y. Sheldon; and sought the foreclosure of a mortgage, which was signed by the defendants, attested by one witness, duly proved and recorded, and in these words: “ Know all men by these presents, that for and in consideration of a certain deed of land given, and my promissory note for part price thereof, indebtedness to Gilbert Carter, in the sum of $1,000, due by promissory note bearing…
1Opinion of the CourtStone, C. J.
We have several decisions which hold that, when a deed of conveyance is subscribed by more names, than one, and some of the subscribers’ names are not shown in the body, or granting clause, such instrument is not the deed of those whose names are omitted from the granting clause,, and shown only in the signatures.—Harrison v. Simons, 55 Ala. 510; Hammond v. Thompson, 56 Ala. 589; Blythe v. Dargin, 68 Ala. 370; Fite, Porter & Co. v. Kennamer, at this term; Agricultural Bank v. Rice, 4 How. (U. S.) 225. In each of these cases, one or more names were expressed in the body of the deed, as uniting…
2Cases cited9 opinions
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Dawson v. BurrusSupreme Court of Alabama · 1882
- Harrison v. SimonsSupreme Court of Alabama · 1876
- Wife v. DarginSupreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Ruffin v. CrowellSupreme Court of Alabama · 1950
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- Texas Pac. Coal & Oil Co. v. PattonTexas Commission of Appeals · 1922
- Davidson v. CoxSupreme Court of Alabama · 1895
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