Robinson v. Cahalan
Supreme Court of Alabama
Appeal from tlie Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by J. J. Cahalan, against W. J. .Robinson, to recover the possession of a quarter-section of land, and was commenced on the 25th January, 1889. The plaintiff deraigned title to the land as follows: (1) a patent from the United States to John Hayes; (2) a mortgage executed by said Hayes and wife to the Jefferson County Savings Bank, which was dated February 6th, 1886,…
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Appeal from tlie Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by J. J. Cahalan, against W. J. .Robinson, to recover the possession of a quarter-section of land, and was commenced on the 25th January, 1889. The plaintiff deraigned title to the land as follows: (1) a patent from the United States to John Hayes; (2) a mortgage executed by said Hayes and wife to the Jefferson County Savings Bank, which was dated February 6th, 1886, acknowledged by the grantor and his wife on the day of its date, and duly recorded two days afterwards; and (3) a…
1Opinion of the CourtStone, C. J.
There was no error in admitting the patent to Hayes in evidence, without proof of its execution.—Code, § 2781; Hines v. Greenlee, 3 Ala. 73; Bates v. Herron, 35 Ala. 117. Neither was there error in receiving the mortgage in evidence, without proof of its execution. It was duly acknowledged, certified and recorded within the statutory limit, and thereby became self-proving. — Code, § 1798, and note. It is thus shown that the Savings Bank proved a title in itself, which, if not devested, would maintain ejectment. 3 Brick. Dig. 324, § 19. The indorsement of the mortgage to Mrs. Morrow,…
2Cases cited4 opinions
- Wood v. LakeSupreme Court of Alabama · 1878
- Sanders v. Cassady & BlackwellSupreme Court of Alabama · 1888
- Hines v. GreenleeSupreme Court of Alabama · 1841
- Bates v. HerronSupreme Court of Alabama · 1859
3Cited by9 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Robinson v. PierceSupreme Court of Alabama · 1897
- Dinkins v. LathamSupreme Court of Alabama · 1918
- Langley v. AndrewsSupreme Court of Alabama · 1902
- Naugher v. SparksSupreme Court of Alabama · 1895
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