Smith v. Pearce
Supreme Court of Alabama
Appeal from the Circuit Court of Calboun. Tried before the Hon. JOHN B. Tally. This action was brought by John T. Pearce, against A. M. Morgan and others, tenants in possession, to recover a house and lot in the town of Oxford, particularly described in the complaint; and was commenced on the 7th July, 1885. John E. Smith intervened as the landlord of the tenants in possession, and the cause was tried on issue joined on the plea of not guilty.
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Appeal from the Circuit Court of Calboun. Tried before the Hon. JOHN B. Tally. This action was brought by John T. Pearce, against A. M. Morgan and others, tenants in possession, to recover a house and lot in the town of Oxford, particularly described in the complaint; and was commenced on the 7th July, 1885. John E. Smith intervened as the landlord of the tenants in possession, and the cause was tried on issue joined on the plea of not guilty. The plaintiff claimed as purchaser at sheriff’s sale under execution against one W. M. Taylor, issued on March 27th, 1885, on a…
1Opinion of the Court
SOMERVILLE, j.
The present case must turn on one condition: Was the house and lot in controversy the homestead of Taylor, owned and occupied by him as such, at the time of the attempted conveyance of the premises by him to DeArman, on January 5th, 1881? If it was his homestead, this deed is admitted to be void, on account of a manifest defect in the certificate of the wife’s acknowledgment. — Motes v. Carter, 73 Ala. 353; Code, 1876, § 2822. The legal title of the premises, being unaffected by the void conveyance, which is a mere nullity, would remain in the grantor, and be subject to the lien…
2Cases cited5 opinions
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Crim v. NelmsSupreme Court of Alabama · 1885
- Parsons v. WoodwardSupreme Court of Alabama · 1882
- Taylor v. HargousCalifornia Supreme Court · 1854
- Striplin & Co. v. Cooper & SonSupreme Court of Alabama · 1885
3Cited by10 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Thompson v. New England Mortgage Security Co.Supreme Court of Alabama · 1895
- Winston v. HodgesSupreme Court of Alabama · 1893
- Thacker v. MorrisSupreme Court of Alabama · 1910
- Richardson v. Woodstock Iron Co.Supreme Court of Alabama · 1890
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