McIntyre v. White
Supreme Court of Alabama
Appeal from. Lauderdale Circuit Court. Tried before Hon. Thos. R. Roulhac. Miles White mortgaged his homestead to C. Smith. His wife signed the mortgage, and her separate acknowledgment was taken. White died. The mortgage was foreclosed and John W. McIntyre became the purchaser at the foreclosure sale, and received a deed to the property. Martha E. White, the widoAV of Miles White, brought this suit to recover the possession of the property.
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Appeal from. Lauderdale Circuit Court. Tried before Hon. Thos. R. Roulhac. Miles White mortgaged his homestead to C. Smith. His wife signed the mortgage, and her separate acknowledgment was taken. White died. The mortgage was foreclosed and John W. McIntyre became the purchaser at the foreclosure sale, and received a deed to the property. Martha E. White, the widoAV of Miles White, brought this suit to recover the possession of the property. She claimed that her separate acknowledgement Avas defective in that it did not state that she signed the mortgage “without fear, constraint or threats”…
1Opinion of the CourtHaralson, J.
1. Section 986 of the Code requires the judges of probate to record “in a fair hand word' for word,” conveyances of property with the acknotvledgments, proof, etc.; and these conveyances as provided in another section, when acknoAv]edged or proved according-to laAV and recorded Avithin twelve months from their date, may be received in evidence Avithout further proof; and if the original has been lost or destroyed the court may receive a transcript in place of the original. — § 992. In Harvey v. Thorpe, 28 Ala. 250, it Avas held that a transcript from the record of a lost deed, is only prima…
2Cases cited3 opinions
- Morgan v. StateSupreme Court of Alabama · 1889
- Harvey v. ThorpeSupreme Court of Alabama · 1856
- Booth v. TiernanSupreme Court of the United States · 1883
3Cited by7 opinions
- Goodale v. MurraySupreme Court of Iowa · 1940
- Bank of Phoenix City v. TaylorSupreme Court of Alabama · 1916
- Lockridge v. BrownSupreme Court of Alabama · 1913
- Morris v. Corona Coal Co.Supreme Court of Alabama · 1926
- Graham v. CommonwealthSupreme Court of Virginia · 1920
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