Dinkins v. Latham
Supreme Court of Alabama
Appeal from Lowndes Circuit Court. Heard before Hon. J. C. Richardson. Ejectment by S. M. Dinkins, for the use, etc., against H. S. Latham. From a judgment for defendant, plaintiff appeals. The mortgage was void and the defendant obtained no rights thereunder.
Read the full summary
Appeal from Lowndes Circuit Court. Heard before Hon. J. C. Richardson. Ejectment by S. M. Dinkins, for the use, etc., against H. S. Latham. From a judgment for defendant, plaintiff appeals. The mortgage was void and the defendant obtained no rights thereunder. The husband’s name did not appear in the granting clause or elsewhere in the mortgage except at the end thereof. — Johnson v. Goff, 116 Ala. 648; Davidson v. Cox, 112 Ala. 510; Rushton v. Davis, 127 Ala. 279; Sheldon v. Carter, 90 Ala. 380; Sec. 2528, Code 1896. The plural is used in the attesting clause and the deed is the deed of…
1Opinion of the CourtHaralson, J.
Section 2528 of the Code of 1896 forbids the wife to alienate or mortgage her lands, or any interest in them, Avithout the assent and concurrence of her husband, his assent and concurrence to be manifested by his joining in the alienation in the mode *92prescribed by law for tlie execution of conveyances of land.- — High v. Whitfield, 130 Ala. 444, 30 South. 449.
It appears without dispute, that on the 5th of Janffi ary, 1895, Mrs. Sallie B. Dinkins, a married woman, and the wife of S. M. Dinkins, owned and was in the possession of the land sued for. Upon that date, Mrs. Din-kins borrowed from…
2Cases cited18 opinions
- Collins v. JohnsonSupreme Court of Alabama · 1876
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Doe ex dem. McPherson v. WaltersSupreme Court of Alabama · 1849
- Allen v. KellamSupreme Court of Alabama · 1881
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Sanford v. Alabama Power Co.Supreme Court of Alabama · 1951
- Dinkins v. LathamSupreme Court of Alabama · 1918
- Bowles v. LowerySupreme Court of Alabama · 1913
- Long v. HoldenSupreme Court of Alabama · 1927
14 more not listed; retrieve them via the Exa API.