Gates v. Hester
Supreme Court of Alabama
Appeal from the Circuit Court of Eranklin. Tried before the Hou. H. C. Speaks. This was a statutory real action in the nature of ejectment by the appellant, E. Á. Gates, against the appellee, Robert B. Hester. The land sued for was the homestead of the defendant, who was a married man, and the plaintiff claimed title under a mortgage executed by the defendant and his wife.
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Appeal from the Circuit Court of Eranklin. Tried before the Hou. H. C. Speaks. This was a statutory real action in the nature of ejectment by the appellant, E. Á. Gates, against the appellee, Robert B. Hester. The land sued for was the homestead of the defendant, who was a married man, and the plaintiff claimed title under a mortgage executed by the defendant and his wife. On the trial, the defendant objected to the introduction of the mortgage, on the ground, that the certificate of acknowledgment as to the wife was insufficient. The court sustained the objection and the plaintiff took a…
1Opinion of the CourtClopton, J.
— The certificate of acknowledgment, attached to the mortgage under which appellant derives title to the land for which he sues, recites “ Lha1- Amanda Hosier, tvifeof li. B. Hester, whose name is signed to the foregoing mortgage, and loho is hnoion to me, adenoid,edged bfore me on this day, after being examined separate and apart from her said husband, that she executed the same voluntarily without any fear, threats, or compulsion of her said husband,, and for the purpose therein expressed.” Such certificates should, and always have received a liberal construction by this court. Literal…
2Cases cited2 opinions
- Bradford v. DawsonSupreme Court of Alabama · 1841
- Scott v. SimonsSupreme Court of Alabama · 1881
3Cited by11 opinions
- Dunshee v. Standard Oil CompanySupreme Court of Iowa · 1914
- Rains v. StateSupreme Court of Alabama · 1889
- Frederick v. WilcoxSupreme Court of Alabama · 1898
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Moore v. BraggSupreme Court of Alabama · 1925
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