Hart v. Ross & Garner
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before tbe Hon. James E, Cobb. This action was brought by Thomas D. Hart, against Battle Eoss and James Garner, to recover the possession of a tract of land, with damages for its detention ; and was commenced on the 21st July, 1875. The plaintiff claimed tbe land under a deed from J. T. Baggett and wife, which was executed in Cooke county, Texas, dated the 6th April, 1874, and attested by two witnesses; and which, as shown by…
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Appeal from the Circuit Court of Chambers. Tried before tbe Hon. James E, Cobb. This action was brought by Thomas D. Hart, against Battle Eoss and James Garner, to recover the possession of a tract of land, with damages for its detention ; and was commenced on the 21st July, 1875. The plaintiff claimed tbe land under a deed from J. T. Baggett and wife, which was executed in Cooke county, Texas, dated the 6th April, 1874, and attested by two witnesses; and which, as shown by tbe certificates indorsed on it, was proved by one of tbe subscribing witnesses, on the day of its date, before a notary…
1Opinion of the CourtBeickell, C. J.
When this cause was before this court at a former term, it was decided, that the execution of the deed, under which the plaintiff claims title, was proved by one of the subscribing witnesses in the form, and the probate certified by an officer having authority to take and certify it, in accordance with our statutes, and that no other evidence of its execution was necessary to its admissibility. Hart v. Boss, 57 Ala. 518. Conveyances, acknowledged (or proved) and certified as authorized by the statutes, are admissible in evidence, without other proof of execution, only when recorded in the…
2Cases cited1 opinion
- Hart v. Ross & GarnerSupreme Court of Alabama · 1877
3Cited by4 opinions
- Fisher v. BettsNorth Dakota Supreme Court · 1903
- Caldwell v. PollakSupreme Court of Alabama · 1890
- State v. McBrideSupreme Court of Alabama · 1884
- Tranum v. WilkinsonSupreme Court of Alabama · 1886