Davidson v. Cox
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a statutory action of ejectment, brought by the appellees against the appellant. ■The cause was tried upon issue joined upon the plea of not guilty. The plaintiffs claim title to the property sued for as heirs-at-law of their mother, Mrs; C. E. Cox, by whom it was admitted the property was owned in her lifetime.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a statutory action of ejectment, brought by the appellees against the appellant. ■The cause was tried upon issue joined upon the plea of not guilty. The plaintiffs claim title to the property sued for as heirs-at-law of their mother, Mrs; C. E. Cox, by whom it was admitted the property was owned in her lifetime. The defendant was in possession as tenant of the Gadsden Building & Loan Association. The Gadsden Building & Loan Association claimed as purchaser at a. foreclosure sale of a deed of trust, which was…
1Opinion of the CourtMcCLELLAN, J.
The only question in this case is whether the mere signature of the husband to the wife’s deed purporting to convey her land, the wife’s name only appearing in the body of the instrument, is an efficacious manifestation of his assent to and concurrence in the conveyance. In our opinion the express terms of the statute answer this inquiry in the negative. Its language is: “The wife * * * * cannot alienate her lands, or any interest therein, without the assent and *513concurrence of the husband; the assent and concurrence of the husband to be manifested by his joining in the alienation in the mode…
2Cases cited2 opinions
- Wife v. DarginSupreme Court of Alabama · 1880
- Sheldon v. CarterSupreme Court of Alabama · 1890
3Cited by9 opinions
- Dinkins v. LathamSupreme Court of Alabama · 1907
- Osborne v. CooperSupreme Court of Alabama · 1896
- Rushton v. DavisSupreme Court of Alabama · 1899
- Morris v. MarshallSupreme Court of Alabama · 1914
- Bowden v. TurnerSupreme Court of Alabama · 1945
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