Shelton v. Aultman & Taylor Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on the 16th August, 1884, by the Aultman & Taylor Company, a foreign corporation, against Andrew J. Shelton and his wife; and sought to foreclose a mortgage on a tract of land containing about 200 acres, and also on certain machinery, which the complainant had sold to said Shelton, the mortgage being given to secure the notes for the purchase-money.
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thos. Cobbs. The bill in this case was filed on the 16th August, 1884, by the Aultman & Taylor Company, a foreign corporation, against Andrew J. Shelton and his wife; and sought to foreclose a mortgage on a tract of land containing about 200 acres, and also on certain machinery, which the complainant had sold to said Shelton, the mortgage being given to secure the notes for the purchase-money. A copy of the mortgage was made an exhibit to the bill, and the original was sent to this court for inspection, by order of the…
1Opinion of the CourtClopton, J.
— The mortgage, for the foreclosure of which the bill is filed, is assailed, as an operative conveyance of the homestead, on several grounds, touching the official certificate of acknowledgment. The name of the wife need not appear in the body of the conveyance, for the purpose of alienating the homestead. The statute does not require her to unite in a conveyance of the title. Her voluntary assent and signature, sworn and certified to in the *317prescribed form and mode, are the statutory requisitions. Her name need not appear otherwise than by her signature to the conveyance. — Hood v. Powell,…
2Cases cited11 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Moog v. StrangSupreme Court of Alabama · 1881
- Tilford v. Torrey & LockwoodSupreme Court of Alabama · 1875
- Munter & Faber v. LinnSupreme Court of Alabama · 1878
- McCall v. RogersSupreme Court of Alabama · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Hayes v. Southern Home Building & Loan Ass'nSupreme Court of Alabama · 1899
- Colburn v. Mid-State Homes, Inc.Supreme Court of Alabama · 1972
- Heflin v. HeflinSupreme Court of Alabama · 1922
13 more not listed; retrieve them via the Exa API.