Gilbert v. Pinkston
Supreme Court of Alabama
Appeal from Olay County Court. Heard before Hon. W. J. Pearce. Bill by Rachel Pinkston against John R. Gilbert, to quiet title and remove a cloud. Cross bill by respondent. Judgment for complainant and respondent appeals. The principle that a defective acknowledgment of a homestead renders the deed void, and that the wife could not properly acknowledge the deed afterwards, has no application to this case.
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Appeal from Olay County Court. Heard before Hon. W. J. Pearce. Bill by Rachel Pinkston against John R. Gilbert, to quiet title and remove a cloud. Cross bill by respondent. Judgment for complainant and respondent appeals. The principle that a defective acknowledgment of a homestead renders the deed void, and that the wife could not properly acknowledge the deed afterwards, has no application to this case. The claim of "coinplainant as to adverse possession is a nullity because not recorded. — Sec. 1541, Code 1896. Counsel discuss other assignments of error, but without citation of authority.…
1Opinion of the CourtSimpson, J.
The original bill in this case was filed by the appellee against the appellant to remove á cloud from her title. The respondent, by answer and cross-bill, set up the claim that the complainant had conveyed the lands in question to her brother, William Pinks-ton, during his life, and that said William Pinkston'and his wife, Lutitia Pinkston, had conveyed the land to *492the respondent. The point being made that the land in question was occupied by William Pinkston at the time of the execution of said deed (May 4, 1885), and that the separate acknowledgment by the wife did not comply with the…
2Cases cited7 opinions
- Munchus v. HarrisSupreme Court of Alabama · 1881
- Barber v. WilliamsSupreme Court of Alabama · 1883
- Parks v. BarnettSupreme Court of Alabama · 1893
- Cox v. HolcombSupreme Court of Alabama · 1888
- Baker v. KeithSupreme Court of Alabama · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chavers v. MayoSupreme Court of Alabama · 1918
- Lester v. StroudSupreme Court of Alabama · 1925
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Cox v. McLemoreSupreme Court of Alabama · 1938
- Miller v. ThompsonSupreme Court of Alabama · 1921
1 more not listed; retrieve them via the Exa API.