Mash v. Daniel & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John R. Tyson. The appellant, D. J. Mash, obtained a judgment against one Isam Boan in a court of a justice of the peace of Butler county. An execution was issued on said judgment . and was levied upon certain personal property, as the property of the said Boan.
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Appeal from the Circuit Court of Butler. Tried before the Hon. John R. Tyson. The appellant, D. J. Mash, obtained a judgment against one Isam Boan in a court of a justice of the peace of Butler county. An execution was issued on said judgment . and was levied upon certain personal property, as the property of the said Boan. After the levy of this execution, the appellees, J. G. Daniel & Co., interposed a claim to the property levied upon ; and a trial of the right to said property was had in the justice’s court, resulting in a judgment in favor of the claimants. The cause was appealed to the…
1Opinion of the CourtHead, J.
The case of Johnson & Co. v. Davis, 95 Ala. 293,- settles, in principle, that when the maker of a paper and another both hold the pen and make the mark, near to the maker’s name, with intention on the part of the maker to execute the instrument, the making of the mark is the act of the maker, and not the other party who holds the pen with him.
Affirmed.
2Cases cited1 opinion
- Johnson & Co. v. DavisSupreme Court of Alabama · 1891
3Cited by5 opinions
- Houston v. StateSupreme Court of Alabama · 1896
- Barksdale v. BullingtonSupreme Court of Alabama · 1915
- Nashville, C. & St. L. Ry. v. NanceSupreme Court of Alabama · 1924
- Mosaic Templars of America v. MillsAlabama Court of Appeals · 1924
- Hamilton v. AdamsSupreme Court of Alabama · 1926