Hood v. Powell
Supreme Court of Alabama
Appeal from Etowah Chancery Court. Heard before Hon. N. S. Graham: This was a bill in equity, filed on 15th, March, 1880, by Mary A. Powell, w’idow of Elijah Powell, deceased, and E. T. Powell, their son, who was a minor at the time of his father’s death, against S. B. Hood, to have vacated and canceled a deed of trust executed by the decedent on 30th December, 1872, purporting to convey his homestead to D. E. Turrentine, as trustee to secure a designated debt, which he then…
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Appeal from Etowah Chancery Court. Heard before Hon. N. S. Graham: This was a bill in equity, filed on 15th, March, 1880, by Mary A. Powell, w’idow of Elijah Powell, deceased, and E. T. Powell, their son, who was a minor at the time of his father’s death, against S. B. Hood, to have vacated and canceled a deed of trust executed by the decedent on 30th December, 1872, purporting to convey his homestead to D. E. Turrentine, as trustee to secure a designated debt, which he then owed to -the ■defendant, on the ground that the deed was not acknowledged as required by the statute. The defendant…
1Opinion of the CourtStone, J.
— “ A mortgage or other alienation of [the] homestead by the owner thereof, if a married man, shall not be'valid without the voluntary signature and assent of the wife to the-same.” — Cons, of 3875, Art. 10, § 2. This provision does not require that the wife shall unite in a conveyance of the title. She has none to convey. She must assent to the conveyance,, to be evidenced by her voluntary signature. The statute has provided the mode and form by which it shall be shown her signature'and assent were voluntarily given. "Without that evidence, the conveyance is a nullity. — Code of 1876, §…
2Cases cited5 opinions
- Dooley v. VillalongaSupreme Court of Alabama · 1878
- Cahall v. Citizens Mutual Building Ass'nSupreme Court of Alabama · 1878
- Halso v. SeawrightSupreme Court of Alabama · 1880
- March v. EnglandSupreme Court of Alabama · 1880
- Long v. MostynSupreme Court of Alabama · 1880
3Cited by7 opinions
- Seeberg v. NorvilleSupreme Court of Alabama · 1920
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Shelton v. Aultman & Taylor Co.Supreme Court of Alabama · 1886
- Parks v. BarnettSupreme Court of Alabama · 1893
- Staten v. ShumateSupreme Court of Alabama · 1942
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