Motes v. Carter
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon John P. Hubbard. This was a statutory real action in the nature of ejectment, brought by P. D. Motes against "William Carter, and was commenced on 10th February, 1883. The plaintiff claimed title under a mortgage executed by the defendant and his wife on 9th February, 1881; the land conveyed thereby, and sought to be recovered in this action, constituting, at the time of the execution of the mortgage, and of the institution of…
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Appeal from Pike Circuit Court. Tried before Hon John P. Hubbard. This was a statutory real action in the nature of ejectment, brought by P. D. Motes against "William Carter, and was commenced on 10th February, 1883. The plaintiff claimed title under a mortgage executed by the defendant and his wife on 9th February, 1881; the land conveyed thereby, and sought to be recovered in this action, constituting, at the time of the execution of the mortgage, and of the institution of the suit, the defendant’s homestead. The plaintiff having offered in evidence the mortgage, the defendant objected…
1Opinion of the Court
STONE, J.-
— The present statutory real action rests its right of recovery on a mortgage of the homestead, made by husband and wife. The sufficiency of the certificate of the wife’s acknowledgment is the question for our consideration. The mortgage was executed and acknowledged in February, 1881. The language of the certificate is, that she acknowledged “ she signed the same of her own free will and accord, without fear, constraint or persuasion of her husband.” This is the exact language of the act, approved April 23, 1873. — Pampli. Acts, 65-G. The law remained without change, until the…
2Cases cited1 opinion
- Scott v. SimonsSupreme Court of Alabama · 1881
3Cited by6 opinions
- Daniels v. LowerySupreme Court of Alabama · 1890
- Strauss & Steinhardt v. HarrisonSupreme Court of Alabama · 1885
- Franklin v. Pollard Mill Co.Supreme Court of Alabama · 1889
- Marx v. ThreetSupreme Court of Alabama · 1901
- Homer v. SchonfeldSupreme Court of Alabama · 1887
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