Legal Opinion

Hart v. Ross & Garner

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 7 opinions

Appeal from the Circuit Court of Chambers. Tried before the Hon. JAMES E. Cobb. Action was brought at the fall term, 1875, of said court,, by appellant, against appellee, for the recovery of certain lands situated in Chambers county. The plaintiff (appellant) offered in evidence a deed, showing title to the lands sued for, executed April 6, 1874, by J. E. Baggett, and S. T. Baggett.

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Appeal from the Circuit Court of Chambers. Tried before the Hon. JAMES E. Cobb. Action was brought at the fall term, 1875, of said court,, by appellant, against appellee, for the recovery of certain lands situated in Chambers county. The plaintiff (appellant) offered in evidence a deed, showing title to the lands sued for, executed April 6, 1874, by J. E. Baggett, and S. T. Baggett. Said deed showed upon its face to have been duly executed in Cooke county, State of’ Texas, and attested by two witnesses. Its acknowledgment was also certified by a notary public, under his official seal, and the…

1Opinion of the CourtStone, J.

1. The deed in the present case was executed in the State of Texas, has two subscribing witnesses to it, and was proved by one of the subscribing witnesses in the exact form furnished by our statute, (Code, § 2159,) before, and certified by a person representing himself as a notary public of Texas, and authenticated by a notarial seal. This is strictly in accordance with our statutes, and authorized the registration of the deed, and made it self-proving, if recorded in the county where the lands lie within twelve months after its execution. Such certificates, when made by a notary public, and…

2Cited by7 opinions

  1. Redwine v. JacksonSupreme Court of Alabama · 1950
  2. Caldwell v. PollakSupreme Court of Alabama · 1890
  3. Florence Land, Mining & Manufacturing Co. v. WarrenSupreme Court of Alabama · 1890
  4. Wildman v. MeansSupreme Court of Alabama · 1922
  5. Hart v. Ross & GarnerSupreme Court of Alabama · 1879

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