Doe ex dem. Hughes v. Wilkinson
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John E. Moore. This action was brought by the appellants, against Beverly N. Wilkinson, to recover a certain parcel of land in the city of Montgomery, which the plaintiffs claimed as the heirs-at-law of Mrs. Jane A. E. McBryde, deceased, and to which the defendant derived title under a deed from one Homer Blackman, who claimed under a deed from Mrs. McBryde and her husband.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John E. Moore. This action was brought by the appellants, against Beverly N. Wilkinson, to recover a certain parcel of land in the city of Montgomery, which the plaintiffs claimed as the heirs-at-law of Mrs. Jane A. E. McBryde, deceased, and to which the defendant derived title under a deed from one Homer Blackman, who claimed under a deed from Mrs. McBryde and her husband. It is the same case which was before this court at its June term, 1852, and which may be found reported in 21 Ala. 296; the judgment from which this appeal…
1Opinion of the CourtR. W. Walker, J.
The appellee (who was the defendant in the court below) offered in evidence a paper consisting of a single sheet, upon which are found — 1st, a deed, dated 16th May, 1839, executed by McBryde and wife, conveying the land in controversy to Homer Black-man; 2d, a certificate by a justice of the peace, of the *462acknowledgment, on the 16th and 17th May, 1839, by McBryde and wife, of “the above instrument,”as “their own free act and deed,” which certificate does not show a private examination of the feme covert; 3d, a relinquishment of dower by Mrs. McBryde, dated 17th May, 1839, written upon the…
2Cases cited25 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- Blake v. DohertySupreme Court of the United States · 1820
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
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- Fish v. Hubbard's AdministratorsNew York Supreme Court · 1839
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3Cited by19 opinions
- Lightfoot v. PeopleMichigan Supreme Court · 1868
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Austin v. Tennessee Biscuit Co.Supreme Court of Alabama · 1951
- Vizard v. RobinsonSupreme Court of Alabama · 1913
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