Fite, Porter & Co. v. Kennamer
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 1st May, 1888, by Mrs. Sarah A Kennamer, the wife of S. W. Kennamer, against Fite, Porter & Co., a mercantile partnership doing business in Nashville, and others; and prayed relief as follows: (1) the cancellation of a mortgage on a parcel of land, as a cloud on the complainant’s title to an undivided half-interest therein jointly with her husband, who had…
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Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 1st May, 1888, by Mrs. Sarah A Kennamer, the wife of S. W. Kennamer, against Fite, Porter & Co., a mercantile partnership doing business in Nashville, and others; and prayed relief as follows: (1) the cancellation of a mortgage on a parcel of land, as a cloud on the complainant’s title to an undivided half-interest therein jointly with her husband, who had executed the mortgage to said Fite, Porter & Co.; (2) the cancellation of the deed to the nominal purchaser at a sale…
1Opinion of the CourtClopton, J.
The assignments of error, pressed in argument, relate to overruling the demurrers to the original and amended bills, and the motion to dismiss for want of equity.
Since the decision in Agricultural Bank v. Rice, 4 How. 225, the rule has been regarded as settled beyond question, that a person whose name does not appear, and who is not otherwise designated as a grantor, in the body of a deed or mortgage of lands, does not-become such by merely signing the instrument and affixing his seal, jointly with another, who is named and designated, and the conveyance does not operate to pass his estate or…
2Cases cited7 opinions
- Harrison v. SimonsSupreme Court of Alabama · 1876
- The Agricultural Bank of Mississippi and Others, in Error v. Charles Rice and Mary His Wife, and Martha PhippsSupreme Court of the United States · 1846
- Wife v. DarginSupreme Court of Alabama · 1880
- May v. LewisSupreme Court of Alabama · 1853
- Prickett v. SibertSupreme Court of Alabama · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Dinkins v. LathamSupreme Court of Alabama · 1918
- Penny v. British & American Mortgage Co.Supreme Court of Alabama · 1901
- Rudulph v. BurginSupreme Court of Alabama · 1929
- Garrett v. First Nat. Bank of MontgomerySupreme Court of Alabama · 1937
5 more not listed; retrieve them via the Exa API.