Monroe v. Arthur
Supreme Court of Alabama
Appeal from tlie Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This is a statutory real action in the nature of ejectment, brought by the appellee, John Arthur, ‘against the appellant, Arthur Monroe, to recover certain lands specifically described in the complaint. The cause was tried by the court without a jury, upon an agreed statement of facts.
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Appeal from tlie Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This is a statutory real action in the nature of ejectment, brought by the appellee, John Arthur, ‘against the appellant, Arthur Monroe, to recover certain lands specifically described in the complaint. The cause was tried by the court without a jury, upon an agreed statement of facts. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. From a judgment in favor of the plaintiff, the defendant appeals, and assigns as error the rulings…
1Opinion of the Court
McCLELLAN, O. J.
This is a statutory real action prosecuted by Arthur against Monroe. Defendant claimed title under a mortgage purporting to have been executed by plaintiff and his wife to Pratt Mines Building and Loan Association. The land at the time this paper was signed, acknowledged and delivered, constituted Arthur’s homestead. The 'separate acknowledgement by Mrs. Arthur of her signature, etc., etc., to the conveyance was taken by T. H. Moore, a notary public, who was then a stockholder in and the secretary and treasurer of the grantee corporation. At the trial tlie court held that this…
2Cases cited1 opinion
- Hayes v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1899
3Cited by20 opinions
- Addington v. StateAlabama Court of Appeals · 1916
- Vizard v. RobinsonSupreme Court of Alabama · 1913
- Qualls v. QuallsSupreme Court of Alabama · 1916
- Harney v. MontgomeryWyoming Supreme Court · 1923
- Jenkins v. Jonas Schwab Co.Supreme Court of Alabama · 1903
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