Hobson v. Kissam & Co.
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. Tkial of the right of property claimed by the plaintiff in error, the defendants in error being execution creditors of Baker Hobson.
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Error to the Circuit Court of Tuscaloosa. Tkial of the right of property claimed by the plaintiff in error, the defendants in error being execution creditors of Baker Hobson. From a bill of exceptions, it appears, that the claimant derived his title by virtue of a sale made under a deed of trust, made by the defendant in execution, on the 25th March, 1839 — the execution of which he proved by one of the subscribing witnesses— the plaintiff then read the certificate of the probate of the deed, as follows: The State of Alabama, ) Personally appeared before me, Cv-Tuscaloosa county. ) rus A.…
1Opinion of the Court
ORMOND, J
-The principal question.in the cause, whether the probate of the deed of trust offered in evidence by the claimant, was sufficient to authorize its registration, depends upon the proper construction of the statute. [Clay’s Dig. 152, § 7.] “Any deed of conveyance of real estate may be admitted to record if acknowledged by the makers thereof, or be proved by any of the subscribing witnesses thereto, and the following shall be the form of the certificate of acknowledgment, or probate of all deeds: Personally appeared before me, dec., the above named A. B. who acknowledged that he…
2Cases cited5 opinions
- Bradford v. DawsonSupreme Court of Alabama · 1841
- Wood v. GarySupreme Court of Alabama · 1843
- Hodgson v. ButtsSupreme Court of the United States · 1805
- Langdon & Co. v. BrumbySupreme Court of Alabama · 1844
- Morrison v. TrudeauSupreme Court of Louisiana · 1823
3Cited by9 opinions
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- Harbinson v. HarrellSupreme Court of Alabama · 1851
- Carlisle v. GodwinSupreme Court of Alabama · 1880
- Isbell v. MaclinSupreme Court of Alabama · 1854
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