Houston Nat. Bank v. J. T. Edmonson & Co.
Supreme Court of Alabama
Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Detinue by J. T. Edmonson & Co. against Whit Clark, in which the Houston National Bank of Dothan interposed as claimant. From a judgment for plaintiff, claimant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. , The bank intervened under section 3792, Code 1907, and tbe issue was made up as in statutory claim, suits.
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Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Detinue by J. T. Edmonson & Co. against Whit Clark, in which the Houston National Bank of Dothan interposed as claimant. From a judgment for plaintiff, claimant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. , The bank intervened under section 3792, Code 1907, and tbe issue was made up as in statutory claim, suits. Plaintiffs offered in evidence in support of their title to the cotton in suit a mortgage from M. C. Davidson to D. W. Yarbrough, dated January 10, 1914, covering all the cotton to be raised by…
1Opinion of the CourtSomervidle, J.
[1] The execution of the mortgage transfer by Yarbrough to the plaintiffs was sufficiently shown, in accordance with the requirements of Ballow v. Collins, 139 Ala. 543, 36 South. 712, and Swindall v. Ford, 184 Ala. 137, 63 South. 651.
[2] It may be, as strongly intimated in Ballow v. Collins, supra, that an illiterate grantor who can neither read nor write is inherently incompetent as a witness to identify and prove the signature of a witness who has attested such grantor’s signature made by mark. If so the objection should be made to the competency of the witness, and an objection to the…
2Cases cited7 opinions
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Keyser v. Maas & SchwarzSupreme Court of Alabama · 1895
- Patapsco Guano Co. v. BallardSupreme Court of Alabama · 1894
- Swindall v. FordSupreme Court of Alabama · 1913
- Ballow v. CollinsSupreme Court of Alabama · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gillespie v. Bartlett & ByersSupreme Court of Alabama · 1924
- Gay v. HuguleyAlabama Court of Appeals · 1948
- Faulk v. DorseySupreme Court of Alabama · 1936
- Mobile Light R. Co. v. ThomasAlabama Court of Appeals · 1917