Alabama Warehouse Co. v. Lewis
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by David Lewis, against the appellant, to recover six bales of cotton, together with damages for their detention; and was commenced on the 19th January, 1873. “On the trial,” as the bill of exceptions states, “the defendant’s plea being the general issue, the proof showed that the property sued for belonged to the plaintiff, unless the mortgage under which the defendant…
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by David Lewis, against the appellant, to recover six bales of cotton, together with damages for their detention; and was commenced on the 19th January, 1873. “On the trial,” as the bill of exceptions states, “the defendant’s plea being the general issue, the proof showed that the property sued for belonged to the plaintiff, unless the mortgage under which the defendant claimed to hold it was valid; which mortgage covered the property, and, with the indorsements thereon of probate and…
1Opinion of the CourtBbickell, C. J.
A deed conveying lands, at common law, is valid, though the grantor signs only by affixing his mark; nor is it necessary there should be an attestation of the signing. — 3 Wash. Beal Prop. 244-247. The title to personal property will pass without writing, and a verbal mortgage of such property will be enforced. — Morrow v. Turney, 35 Ala. 131. There can be no doubt of the validity of the mortgage made by the appellee (plaintiff below) to Scharff & *516Mobr, though it is signed only by his mark, and attested by witnesses making their marks, unless we have a statute excluding, or rather…
2Cases cited3 opinions
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Wimberly v. DallasSupreme Court of Alabama · 1875
- Breene v. McCrary & Co.Supreme Court of Alabama · 1875
3Cited by4 opinions
- Crews v. HarlanTexas Supreme Court · 1905
- Houston v. StateSupreme Court of Alabama · 1896
- McGowan v. CollinsSupreme Court of Alabama · 1908
- Penton v. WilliamsSupreme Court of Alabama · 1907