Sparks v. Woodstock Iron & Steel Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 26th February, 1888, by the 'Woodstock Iron and Steel Company, and the Anniston City Land Company, two private corporations organized under the general statutes, against Mrs. Eliza A. Sparks and others, heirs at law of Mrs. Sallie J. W. McAdams, deceased; and sought the specific execution of a defective conveyance of a tract of land, executed by Mrs.…
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 26th February, 1888, by the 'Woodstock Iron and Steel Company, and the Anniston City Land Company, two private corporations organized under the general statutes, against Mrs. Eliza A. Sparks and others, heirs at law of Mrs. Sallie J. W. McAdams, deceased; and sought the specific execution of a defective conveyance of a tract of land, executed by Mrs. McAdams in her lifetime to George W. Brannon, under whom the complainants derived title; also, a divestiture of the legal…
1Opinion of the CourtSomerville, J.
1. The instrument bearing date- October 20th, 1884, purporting to convey the land in controversy to Brannon by Mrs. McAdams, as grantor, has every element of a good and valid deed of conveyance, except as to its attestation by the requisite witnesses. It is defective in the latter particular, on the ground that neither of the attesting witnesses wrote their names, but the name of each was written by some one else, and was authenticated only by the making of the witnesses’ “marks” respectively. If actually signed by the grantor, it was good nevertheless, as an agreement to convey, and a court…
2Cases cited1 opinion
- Roney v. MossSupreme Court of Alabama · 1883
3Cited by5 opinions
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Kendrick v. ColyarSupreme Court of Alabama · 1904
- State ex rel. Sanche v. WebbSupreme Court of Alabama · 1892
- Caperton v. HallSupreme Court of Alabama · 1897
- Stickney v. HaasSupreme Court of Alabama · 1950