McLendon v. American Freehold Land Mortgage Co.
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Tried before Hon. J. W. Poster. The case is stated in the opinion. If a court of limited jurisdiction is charged with the ascertainment of a jurisdictional fact, and its proceedings show that the fact was ascertained, they cánnot be collaterally impeached. Pettus v. McGlanahan, 52 Ala. 59; Pollard v. American Freehold Land Mortg.
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Appeal from Bullock Circuit Court. Tried before Hon. J. W. Poster. The case is stated in the opinion. If a court of limited jurisdiction is charged with the ascertainment of a jurisdictional fact, and its proceedings show that the fact was ascertained, they cánnot be collaterally impeached. Pettus v. McGlanahan, 52 Ala. 59; Pollard v. American Freehold Land Mortg. Go., 103 Ala. 289. Officers act judicially in taking acknowledgments. — Griffith v. Ventrcss, 91 Ala. 374; American Freehold Land Mort. Go. v. James, 105 Ala. 347; Thompson v. TJeio England Mort. Sec. Go., 110 Ala. 400. For acts…
1Opinion of the CourtColeman, J.
The American Freehold Land Mortgage Company sued the defendant for a breach of his official bond as a justice of the peace. The complaint shows that one Grider, desiring to borrow money from the plaintiff, executed a mortgage to plaintiff to secure the loan upon lands which embraced the homestead. That the defendant, as justice of the peace, certified in legal form for conveying the homestead, that the wife of Grider appeared before him and acknowledged her *520signature, that, in fact, the said wife of Grider never appeared before or in the presence of the said justice of the peace, and neither…
2Cases cited4 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Kelly v. MooreSupreme Court of Alabama · 1874
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Pollard v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1893
3Cited by10 opinions
- Broom v. DouglassSupreme Court of Alabama · 1912
- Ex Parte GriffithSupreme Court of Alabama · 1920
- Bull v. AlbrightSupreme Court of Alabama · 1950
- Crosthwait v. PittsSupreme Court of Alabama · 1903
- Duffin v. SummervilleAlabama Court of Appeals · 1913
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