Lyons v. Connor
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. This was a real action in the nature of ejectment, brought by the appellee, Elizabeth Connor, against the appellant, T. ,B. Lyons, to recover a certain tract of land in the city of Mobile. The case was tried at the summer term, 1874, and resulted in verdict and judgment for the appellee.
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Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. This was a real action in the nature of ejectment, brought by the appellee, Elizabeth Connor, against the appellant, T. ,B. Lyons, to recover a certain tract of land in the city of Mobile. The case was tried at the summer term, 1874, and resulted in verdict and judgment for the appellee. Appellee deduced title as follows: On the 16th day of May, 1871, Lyons, who was the owner of the premises, together with his wife, executed a mortgage upon them to secure a certain indebtedness to one DePras. This conveyance was signed by…
1Opinion of the CourtBrickell, C. J.
If it was conceded that the certificate ■ of a probate of conveyance of real estate, in the form prescribed by the statute for conveyances generally, is not sufficient under the Constitution to show the voluntary assent and signature of the wife to an alienation of the homestead, the concession would not avail the appellant. While the evidence may show that he was' married, and a resident off *183the State, when the mortgage was executed, it is not shown the premises mortgaged were then his homestead. It is-shown that at the time of the trial, more than three years after the execution of the…
2Cited by4 opinions
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Scott v. SimonsSupreme Court of Alabama · 1881
- Preiss v. CampbellSupreme Court of Alabama · 1877
- Jones v. RoperSupreme Court of Alabama · 1888