Ballow v. Collins
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. This was an action of trover brought by the appellant, It. C. Ballow, against the appellee, James T. Collins, Sr., and Henderson Carter, and sought to recover damage for the alleged conversion of a bale of cotton.. The cause was tried upon issue joined on the plea of the general issue.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. This was an action of trover brought by the appellant, It. C. Ballow, against the appellee, James T. Collins, Sr., and Henderson Carter, and sought to recover damage for the alleged conversion of a bale of cotton.. The cause was tried upon issue joined on the plea of the general issue. The plaintiff introduced in evidence a mortgage given to him by defendant Henderson Carter on his crop raised in the year 1901, and it was shown that the bale of cotton alleged to have been converted, was raised by said Carter on…
1Opinion of the Court
McCLELLAN, C. J. —
To prove the execution of a writing the signature of the maker must, of course, be proved. Where the maker cannot write his name to the paper its execution is effected by his setting his mark against his name as written for him, and by the attestation of a witness who can and does write his name. When this is done the signature of the maker is not merely his name thus written with his mark set against it, but an essential and inherent part of his signature is the signature of the other person as a witness. It requires all of this to constitute the signature of such…
2Cases cited1 opinion
- Hayes v. BanksSupreme Court of Alabama · 1902
3Cited by6 opinions
- Swindall v. FordSupreme Court of Alabama · 1913
- Barksdale v. BullingtonSupreme Court of Alabama · 1915
- McGowan v. CollinsSupreme Court of Alabama · 1908
- In Re Estate of AstolasMichigan Supreme Court · 1935
- Houston Nat. Bank v. J. T. Edmonson & Co.Supreme Court of Alabama · 1916
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