Boykin v. Rain
Supreme Court of Alabama
Appeal from the Circuit Court of Washington. Tried before the Hon. ANDREW B. Moore. This action was brought in August, 1854, by James M. Boyldn against Daniel Rain, to recover the possession of a certain tract of land, which the plaintiff claimed in right of his wife, together with damages for its detention.
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Appeal from the Circuit Court of Washington. Tried before the Hon. ANDREW B. Moore. This action was brought in August, 1854, by James M. Boyldn against Daniel Rain, to recover the possession of a certain tract of land, which the plaintiff claimed in right of his wife, together with damages for its detention. The bill of exceptions, sealed at the instance of the plaintiff, is as follows: “ On the trial of this 'cause, the following facts were proved : That the land in controversy was originally the land of Sarah M. McGrew; that she married Robert F. Haz-zard, and had by him one child ; that…
1Opinion of the CourtRice, J.
Prior to the 7th February, 1844, Sarah M. McGrew, being the owner of the land now in controversy, married Robert E. Hazzard, and had by him one child. During the coverture, and on the day aforesaid, they executed a mortgage of the land, to secure the payment of certain notes made by him. The certificate of a notary-public, dated the 22d February, 1844, and written under the mortgage, shows that the acknowledgment made by her before him, on a private examination apart from her husband, was, “ that she signed, sealed, and delivered the above instrument of mortgage deed, on her own free will and…
Also in this document: Per curiam.
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