Robertson v. Kennedy
Supreme Court of Alabama
In Mobile Circuit Court, on a trial on the general issue in trespass to recover possession of a lot of ground, Robertson and Barnewell, plaintiffs, against Kennedy and Kitchens, defendants, the plaintiffs offered to read in evidence a deed of conveyance for the lot from Addin Lewis, mayor of the city of Mobile, to them.
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In Mobile Circuit Court, on a trial on the general issue in trespass to recover possession of a lot of ground, Robertson and Barnewell, plaintiffs, against Kennedy and Kitchens, defendants, the plaintiffs offered to read in evidence a deed of conveyance for the lot from Addin Lewis, mayor of the city of Mobile, to them. The deed recites that, pursuant to the act of Assembly of December, 1819, ‘‘ to incorporate the city of Mobile,” a the mayor and aldermen, on the 8th day of March, 1820, laid a tax on the real and personal estate within the city; that this tax due on this lot not being paid,…
1Opinion of the Court
JUDGE CRENSHAW
delivered the opinion of the Court.
The ordinance of 1787, as extended to this country, prescribed certain fundamental principles for our temporary government as a territory of the United States. It is not a part of our permanent municipal law. It was superseded by the adoption of our State Constitution. By the common law, subscribing witnesses are not essential to the validity of a deed. The sealing and delivery may be proved by other testimony. The ordinance prescribed certain modes by which real estate .might be conveyed, but did not declare void other modes of conveyance…
2Cited by4 opinions
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Arrrington v. ArringtonSupreme Court of Alabama · 1898
- Griffin v. ReynoldsSupreme Court of the United States · 1855