American Freehold Land Mortgage Co. v. Thornton
Supreme Court of Alabama
Appeal from Dale Chancery Court. Tried before Hon. Jeke N. Williams. The bill in this case was filed by the American Freehold Land Mortgage Co. against the appellees, W. G. Thornton and M. J. Thornton, his wife, and the Loan Co. of Ala., and [sought the foreclosure of a mortgage upon certain lands in Dale county, alleged to have been executed to it by the said W. G. and M. J. Thornton on January 31st, 1891, and which purported to have been regularly acknowledged by the…
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Appeal from Dale Chancery Court. Tried before Hon. Jeke N. Williams. The bill in this case was filed by the American Freehold Land Mortgage Co. against the appellees, W. G. Thornton and M. J. Thornton, his wife, and the Loan Co. of Ala., and [sought the foreclosure of a mortgage upon certain lands in Dale county, alleged to have been executed to it by the said W. G. and M. J. Thornton on January 31st, 1891, and which purported to have been regularly acknowledged by the mortgagors. The bill alleged that the Loan Go. of Ala. were the holders of a second mortgage upon the lands described in the…
1Opinion of the CourtMcCLELLAN, J.
The mortgages of The American Freehold Land Mortgage Company, and The Loan Company of Alabama, involved in this case, each embracing along with other land, the homestead of the mortgagors, were confessedly signed by Thornton and his wife in the presence of Manglien, the notary public *261who brought them to the residence of the mortgagors for the purpose of having them properly executed. On these facts — the presence of the officer for the purpose stated, the presence of the instruments themselves, the presence of the grantors for said purposes and the signing of the papers then and there by them…
2Cases cited3 opinions
- Giddens v. BollingSupreme Court of Alabama · 1892
- Jinwright v. NelsonSupreme Court of Alabama · 1894
- American Freehold Land Mortgage Co. v. JamesSupreme Court of Alabama · 1894
3Cited by16 opinions
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
- Severtson v. PeoplesNorth Dakota Supreme Court · 1914
- Bank of Jennings v. JenningsSupreme Court of Florida · 1916
- Vizard v. RobinsonSupreme Court of Alabama · 1913
- Qualls v. QuallsSupreme Court of Alabama · 1916
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