Rowland v. Day
Supreme Court of Alabama
Error to the Chancery Court of Benton. Tried before the Hon. David G. Ligón. This bill was filed by the defendant in error against Richard D. Rowland, Embargo C. Lane, and the personal representative and heirs at law of Benjamin Hollingsworth, deceased, for the purpose of subjecting a lot of land in the town of Jacksonville to the payment of the purchase money.
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Error to the Chancery Court of Benton. Tried before the Hon. David G. Ligón. This bill was filed by the defendant in error against Richard D. Rowland, Embargo C. Lane, and the personal representative and heirs at law of Benjamin Hollingsworth, deceased, for the purpose of subjecting a lot of land in the town of Jacksonville to the payment of the purchase money. The case made by the bill is substantially this: Benjamin Hollingsworth, having an equitable title to the lot in question sold it to the complainant, but executed no title or memorandum in writing of the sale. The ■complainant…
1Opinion of the CourtDargan, C. J.
1.' The execution and contents of the bond described in the pleading were sufficiently proved. It is true that the-law does not require a bond for titles to be recorded, consequently the registration of it is no evidence of its execution, nor of its contents. Yet if the obligor of a bond, or of any Other instrument, acknowledges the bond in the presence of the clerk, who records it on his books, if the bond be afterwards lost, the clerk is a competent witness to prove that the obligor acknowledged the bond and that he transcribed it on his books. So if the‘obligor were to acknowledge the…
2Cases cited1 opinion
- Erwin v. FergusonSupreme Court of Alabama · 1843
3Cited by5 opinions
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Burns v. TaylorSupreme Court of Alabama · 1853
- Troy v. Smith & ShieldsSupreme Court of Alabama · 1859
- Walker's Heirs v. MurphySupreme Court of Alabama · 1859
- Smith v. HallSupreme Court of Alabama · 1852