Waddell v. Weaver's Administrators & Heirs
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas County. Heard before Hon. J. Q. Loomis. The bill in this case Avas filed on the 23d February, 1865, by Phillip J. Weaver, against Frances Waddell, and Isaac M. Tidvrell, as the administrator of Thomas L. Waddell, and sought to enjoin the execution of a judgment at law; and for the further purpose of correcting a defective execution of a deed under a power of attorney.
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Appeal from the Chancery Court of Dallas County. Heard before Hon. J. Q. Loomis. The bill in this case Avas filed on the 23d February, 1865, by Phillip J. Weaver, against Frances Waddell, and Isaac M. Tidvrell, as the administrator of Thomas L. Waddell, and sought to enjoin the execution of a judgment at law; and for the further purpose of correcting a defective execution of a deed under a power of attorney. The facts are, that on the 26th April, 1844, William Waddell, jr., executed a deed, purporting to convey, as the agent of Thomas L. Waddell and Frances L. Waddell, to Phillip J. Weaver,…
1Opinion of the CourtA. J. Walker, C. J.
The statute in force, when the deed, which the bill seeks to reform was made, required an acknowledgment by a feme covert of her deed, on private examination apart from her husband. — Clay’s Digest, 155, § 27. It declares that no estate of a feme covert in lands lying in this State, shall pass by her deed without a previous acknowledgment, before some one of certain specified officers, and that the officer’s certificate of such acknowledgment should be written on or under the deed. It is impossible to evade or construe away the emphatic declaration, that a married woman’s estate in land shall…
2Cases cited1 opinion
- Johnson v. Yates' DeviseesCourt of Appeals of Kentucky · 1839
3Cited by8 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Bolman v. OverallSupreme Court of Alabama · 1886
- Wife v. DarginSupreme Court of Alabama · 1880
- Gardner v. MooreSupreme Court of Alabama · 1883
- Falk v. HechtSupreme Court of Alabama · 1883
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