Sharpe v. Orme
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. James Q,. Smith. Appellants, the heirs-at-law of Josephus Sharpe, brought their statutory real action against the appellee, JaneC. Orme, to recover certain lands. Appellants claimed title by a deed from tbe appellee and her husband, Thomas J. Orme, who bas since died, leaving her in possession.
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Appeal from Montgomery Circuit Court. Tried before Hon. James Q,. Smith. Appellants, the heirs-at-law of Josephus Sharpe, brought their statutory real action against the appellee, JaneC. Orme, to recover certain lands. Appellants claimed title by a deed from tbe appellee and her husband, Thomas J. Orme, who bas since died, leaving her in possession. This deed was regular in form, and was acknowledged before a justice of tbe peace, whose certificate is as follows: “ State of Alabama, Montgomery County. I, G. H. Cochran, a justice of the peace for the county aforesaid, do hereby certify that T.…
1Opinion of the CourtBrickell, C. J.
1. The statutes require that conveyances for the alienation of lands must be written or printed on parchment or paper, and must be signed at their foot by the contracting party, or his agent having a written authority ; or if he is not able to sign his name, then his name must be written for him, with the words “ his mark ” written against the same or over it; the execution of such conveyance must be attested by one, or where the party can not write, by two witnesses who are able to write, and who must xorite their names as witnesses. Code of 1876, § 2145. The acknowledgment of execution,…
2Cases cited1 opinion
- Bradford v. DawsonSupreme Court of Alabama · 1841
3Cited by49 opinions
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Summer v. MitchellSupreme Court of Florida · 1892
- Lewis v. WatsonSupreme Court of Alabama · 1893
- Caldwell v. PollakSupreme Court of Alabama · 1890
- Rogers v. AdamsSupreme Court of Alabama · 1880
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