Legal Opinion

King Lumber Co. v. Crow

Supreme Court of Alabama

Decided May 14, 1908PublishedCited by 12 opinions

Bill to Quit Title. Appeal from Jefferson Chancery Conrt. Heard before Hon. Alfred H. Benners. Bill by E. C. Crow against the King Lumber Company to quiet title to certain lands. There was decree for complainant and respondent appeals.

1Opinion of the CourtMcCLELLAN, J.

Bill to quiet title. The property in question was the homestead of one Coe and wife. The respondent (appellant) rested his claim to the property upon a mortgage from Coe and wife to the King Lumber Company. The acknowledgments of the mortgagor and his wife were taken by J. W. Hood, who purported to be “judge of the inferior court of Woodlawn, Jefferson *505county, Ala.” The complainant (appellee) assails the separate acknowledgment of the wife as wholly void, because the act creating such court and a judge therefor is unconstitutional. This contention must be sustained, for the reason to be…

2Cases cited1 opinion

  1. Moog v. RandolphSupreme Court of Alabama · 1884

3Cited by12 opinions

  1. State Ex Rel. Foster v. NaftalinSupreme Court of Minnesota · 1956
  2. Tayloe v. DavisSupreme Court of Alabama · 1924
  3. State Docks Commission v. State Ex Rel. JonesSupreme Court of Alabama · 1933
  4. Idol v. StreetSupreme Court of North Carolina · 1951
  5. Childers v. CoueySupreme Court of Alabama · 1977

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